Mutation -- Recall of mutation order - Mutation on the basis of sale deed - Validity of sale deed under challenge in civil suit - Recall of mutation order still to be contested on merits by parties - Mutation order was passed ex parte and admittedly no notice was issued to private respondent No.3 whereas his name was duly recorded by means of an order which was prior to..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - JDs failed to put in appearance despite valid service - Submission of an application for setting aside ex parte order cannot qualify as good cause - If good cause is not shown then a party can be permitted to join proceedings prospectively...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 467 days in filing application for setting aside ex parte decree - Application for condonation of delay cannot be allowed once trial Court found that delay has not been properly explained and even there are no merits in application for condonation of delay - Order of trial Court condoning delay rightly set..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife received the summons of divorce proceedings and also filed reply under her own thumb impressions - She consciously signed agreement for divorce by mutual consent whereafter notices of divorce were served upon wife - Wife cannot now be permitted to change her stance..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Suit for cancellation of gift deed and permanent injunction - Plaintiff had transferred his share to his father in the year 2007 - Father of plaintiff executed gift deed in favour of defendant in the year 2013 - Defendant is recorded as tenure holder - Application for ex parte ad interim injunction..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Cancellation of order allowing maintenance on the ground of husband getting ex parte decree of restitution of conjugal rights - Cancellation order passed mechanically without discussing the effect of such ex parte decree on the wife's claim to maintenance - Husband after passing of decree of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant could not be served as he left the village - Since plaintiff could not get any other address, therefore he applied for effecting service through munadi at the place where property is situated - Munadi was conducted - Thereafter, defendant was proceed ex parte - No fault could be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - No claim made against defendant No.2 in the suit - Counsel of defendant No.2 failed to point out as to how he will be prejudiced by order of proceeding ex parte against him - Moreover, case is at the stage of arguments - By allowing application of defendant, case would have to be taken to..........
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 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not residing at the address provided by plaintiff - Report of summons was false - Defendant was not duly served - Ex parte decree rightly set aside...........
