Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded exparte - Delay of 2-1/2 years in getting the order set aside - Mere delay is inconsequential when suit is pending...........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Exparte order - Party can join the proceedings at the stage at which the case is pending...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 9 -- Second divorce petition - On the same cause of action - Barred U.O.9.R.9 CPC - However second divorce petition is maintainable on grounds which have accrued after dismissal of first petition or on ground in which there is continuous cause of action and it has continued even after dismissal..........
Hindu Marriage Act, 1955, Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- CPC - Applicability to proceedings under Hindu Marriage Act - Provisions of CPC are not in any manner in conflict with or repugnant to any of the provisions of Hindu Marriage Act - Therefore provisions of O.9.Rr.8 & 9 are applicable to proceedings under Hindu Marriage Act...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Valuable rights of defendant involved - Defendant nothing to gain by remaining absent from Court - Once the application is filed within limitation and no mala fide intention was involved in the absence of defendant on the date fixed then trial Court should adopt a liberal approach in dealing..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Set aside - Suit to proceed from the stage the defendant was ordered to be proceeded exparte - Defendant granted one opportunity to conclude his entire evidence at his own responsibility and without the assistance of Court...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Special Marriage Act, 1954, Section 27, 13, 15, Limitation Act, 1963, Section 5 -- Exparte divorce decree - Setting aside - Remarriage - Does not render application U.O.9.R.13 CPC and application under section 5 Limitation Act infructuous...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Special Marriage Act, 1954, Section 27, 13, 15, Limitation Act, 1963, Section 5 -- Exparte divorce decree - Setting aside - Wife not personally served - Notice through publication in newspaper - Newspaper published from Kanpur whereas wife lived at Dehradun - Exparte divorce decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - If application is filed within limitation Court should dispense with leading of evidence by production of witnesses - In case evidence is required in certain cases then Court should adopt summary procedure by directing parties to file affidavits and counter affidavits of parties and their witnesses...........
Civil Procedure Code, 1908, Section 144, Order 9, Rule 13 -- Restitution - Exparte decree set aside under Order 9 Rule 13 CPC - Benefit of restitution under Section 144 is available - Proceeding under Order 9 Rule 13 CPC is `the other proceeding' within the meaning of Section 144 of the Code...........
