Civil Procedure Code, 1908, Section 100 -- Second appeal - Plaintiffs while filing suit has claimed decree of declaration that plaintiff no.1 is owner in possession of half share of suit property whereas plaintiff nos 2 & 3 together are owners of remaining half - Before Courts below neither any issue was framed on this aspect of the matter nor attention of Court was drawn..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - When ex parte interim injunction is granted then complete copy of paper book viz. copy of application for injunction, copy of affidavit filed in support of application, copy of plaint and copies of documents on which applicant relies upon not sent by registered post as envisaged U.O.39.R.3 CPC -..........
Hindu Marriage Act, 1955, Section 13B, 28 -- Decree of divorce by mutual consent - Appeal u/s 28 of the Act is maintainable against such decree...........
Hindu Marriage Act, 1955, Section 13B, 28 -- Decree of divorce by mutual consent - Appeal - Parties are living together along with their son - It is thus, never too late to mend ways - Decree of divorce by mutual consent held, set aside...........
Limitation Act, 1963, Article 136 -- Execution - Decree of permanent injunction - To implement a decree for perpetual injunction, no limitation is provided...........
Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Cause Courts Act, 1887, Section 17 -- Ex parte decree - Setting aside - Compliance of S.17 of 1887 Act - While filing application U.O.9.R.13 CPC, it is mandatory to comply with S.17 of 1887 Act first and failure of that, no application can be entertained U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise or lawful agreement - Both are required to be in writing and signed by the parties - Court cannot pass decree U.O.23.R.3 CPC in the absence of written agreement...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Dispute between parties settled - In terms of memorandum of settlement, decree of divorce by mutual consent, in exercise of jurisdiction under Article 142 Constitution of India, passed - All criminal proceedings between parties quashed and Transfer Petitions also disposed of...........
Hindu Marriage Act, 1955, Section 13B, Family Courts Act, 1984, Section 19(2) -- Decree of divorce by mutual consent - Appeal thereagainst - No appeal is maintainable u/s 19(2) of Family Courts Act, against decree of divorce by mutual consent...........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 23, Rule 3A -- Decree of divorce by mutual consent - Cannot be challenged by way of suit - An application to set aside decree on the ground of any fraud, misrepresentation or coercion, is maintainable before the same court which passed such order or decree but separate suit is not maintainable...........
