Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Contesting party when proceeded ex parte or does not choose to contest the proceedings - Decision of application for interim maintenance should not be deferred to a later stage of conclusion of proceedings...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Ex parte decree - Setting aside - Dismissal of application - It is appeal and not revision which is maintainable - However, if an order allowing such an application is passed, the same is not appealable...........
Civil Procedure Code, 1908, Section 96(2), 114, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has three remedies available to him as against ex-parte decree: (i) by way of filing an application U.O.9.R.13 CPC seeking for setting aside ex-parte decree; (ii) by way of filing an appeal against the ex-parte decree u/s 96(2) CPC and; (iii) by way of review..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Ex parte decree - Setting aside - Filing of an application U.O.9.R.13 CPC as well as filing of appeal u/s 96(2) CPC against the ex-parte decree are concurrent remedies available to a defendant - However, once appeal preferred by defendant against ex-parte decree is dismissed, except when it is withdrawn, remedy..........
Agreement to sell -- Specific performance - Readiness and willingness - Even if defendant remains ex parte, decree would not follow automatically and plaintiff has to establish by pleadings as well as by proof that he has always ready and willing to perform his part of contract...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Condonation of delay - Filing of separate application for condonation of delay is not necessary if contents of application make sufficient disclosure with regard to grounds for condoning delay...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Condonation of delay - Petitioners have disclosed the date and source of their knowledge about passing of exparte decree - Defendant no.1 already sold the property in favour of petitioners - Rights of petitioners are adversely impacted by decree - Petitioners shall suffer an irreparable loss..........
Agreement to sell -- Suit for specific performance - Ex parte decree against minor who was being represented by her mother and natural guardian - Court ought to have appointed a Court guardian as mandated U.O.32.R.3 CPC and failure to appoint such a Court guardian of minor, vitiates the entire judgment and decree...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately for more than 10 years - Both the parties have levelled allegation against each other for not maintaining sanctity of marriage and their involvement in relationship outside of marriage - Number of criminal complaints were filed by wife against husband -..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte preliminary decree - Suit for recovery of money - Preliminary decree passed after defendants have cross-examined PWs 1 & 2 at length - It cannot be said that it is an ex parte decree - Defendants failed to adduce evidence in spite of sufficient time being..........
