Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was incarcerated in jail and could not attend the civil suit proceedings - If it was felt that application for setting aside ex parte decree is filed belatedly, Court could have given an opportunity to defendant to file an application for condonation of delay and costs could have..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration of ownership on the basis of gift deed filed after a delay of about 20 years - Trial Court dismissed the application by holding that point of limitation is a mixed question of law and fact - Impugned order set aside in view of judgments of Supreme Court passed..........
Indian Penal Code, 1860, Section 498A, 323, 294, 34, 506(PartII), Criminal Procedure Code, 1973, Section 228 -- Cruelty - Matrimonial dispute - Order of framing of charge - FIR lodged by wife against husband cannot be said to be lodged by way of counter blast after receiving notice of divorce petition - As regarding question of delay in lodging FIR, FIR lodged when even..........
Limitation -- Extension of limitation due to second surge in COVID cases - Directions issued: (a) Order dated 23.03.2020 is restored and in continuation of subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or..........
Limitation -- Extension of limitation due to second surge in COVID cases - Directions issued: (a) Order dated 23.03.2020 is restored and in continuation of subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or..........
Limitation -- Extension of limitation due to second surge in COVID cases - Directions issued: (a) Order dated 23.03.2020 is restored and in continuation of subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Acts of negligence or inaction on the part of a litigant do not constitute sufficient cause for condonation of delay...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Liberal approach - Cannot be equated with a licence to approach Court at will disregarding time limit fixed by relevant statute...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Appellant had gone out of State for earning his livelihood and his brother also died after prolonged disease - He therefore, could not contact his counsel nor his counsel informed him about decreeing of suit in favour of plaintiff - Order dismissing application for condonation of delay set..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioners sought their impleadment on the ground that they have right in the suit premises - However, nothing on record to substantiate claim of petitioners that they are co-owners of property - Stand of tenants is the same as that of petitioners, which indicates that petitioners..........
