Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Party filing petition for execution of a foreign decree must also necessarily file a written application in terms of O.21.R.11(2) CPC - Without such an application it will be impossible for Court to execute decree - Such application for executing a foreign decree will be an application not covered..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Illicit relations of wife - Husband miserably failed to prove his case that wife had several illicit relations with her colleagues or wife refused to have any physical relation with husband - Persons with whom wife was having illicit relations were also not made party to proceedings - Even, no names..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - No attempt was ever made by husband to bring wife back - Case of desertion as made in plaint is not proved by husband - Decree of divorce set aside...........
Civil Procedure Code, 1908, Section 66(1) -- Repealed by Benami Transactions (Prohibition) Act, 1988 - Auction sale - Challenge as to - Suit property was put on auction sale because of a mortgage created by original owner who was heavily indebted - There was no challenge to Court auction sale by original owner in his life time - Trial Court held that auction sale is valid..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Third party objection - Execution of decree - Appellant filed objection in execution proceedings claiming that he was not impleaded as party though was tenant in shop thus order of eviction not binding on him - Appellant miserably failed to prove relationship of landlord and tenant..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Specific stand taken by defendant in her delay condonation application that in absence of any notice regarding transfer of suit, she had no knowledge about proceedings - Defendant further contended that when she learnt about ex parte..........
Agreement to sell -- Validity of agreement - Description of land qua each survey number, its location, dimensions and area is not mentioned in agreement - Agreement is not signed by Co-sharers (defendant nos. 4 & 5) of defendant Nos.1 & 2- Nothing on record to suggest that agreement was with consent and knowledge of defendant Nos.4 & 5 - It is not mentioned whether..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has to plead and prove his continuous readiness and willingness to perform each and every condition of agreement right from date of agreement upto date of decree...........
Hindu Marriage Act, 1955, Section 8 -- Marriage registered - Registration of marriage cannot be cancelled on subsequent grant of decree of divorce - Factum of marriage that took place earlier, cannot vanish due to subsequent grant of decree of divorce - Decree of divorce granted can be recorded as a foot note in the register under relevant entry made in respect of..........
Hindu Law -- Joint family property - Partition suit - Suit properties were ancestral joint family properties - Defendants failed to show that properties are self acquired properties - Initial burden of showing that there was a nucleus of joint family property is discharged by plaintiffs - Whereas, defendants for their part have failed to discharge the burden, which..........