Limitation Act, 1963, Section 5 -- Condonation of delay - While considering the plea for condonation of delay, Court must not start with the merits of the main matter - Court owes a duty to first ascertain the bona fides of explanation offered by the party seeking condonation - It is only if the sufficient cause assigned by the litigant and opposition of the other side is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Proposed amendment is very much related to subject matter of suit property - In order to determine the real issue in controversy between parties, proposed amendment is required to be allowed since without particulars of measurement of encroached land of homestead property, it would..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - It is within the power of Court to issue a commission to such person as it thinks fit, to make an investigation on some as pect - There is no right vested in favour of a party to get the said commission issued...........
Civil Procedure Code, 1908, Section 47 -- Execution - Third party objections - Suit for recovery of possession - Petitioner was neither a party to suit nor purchaser or representative of parties to decree - He failed to show that he is entitled to object to execution of decree - DH has not filed any application complaining about objector's resistance to execution..........
Hindu Marriage Act, 1955, Section 13 -- Decree of divorce - Challenged by wife - Reasonable opportunity to contest the matter has been denied to wife by family Court while dissolving the marriage - Manner in which Court has proceeded in undue hot haste in rejecting the right of wife on the very next day to cross-examine the husband and thereafter to forfeit the right of..........
Registration Act, 1908, Section 71, Tamil Nadu Registration Rules, 2000, Rule 55A -- Refusal to register document - Sub-Registrar cannot insist party to produce original parent document while registering a document - Impugned order refusing to register document quashed - Petitioner is directed to re-present the settlement deed...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Proviso - Written statement - Not filed within a period of 30 days - Commercial dispute - Court has discretion to permit a party to file written statement between day no.31 to day no.120 - While exercising this discretion, Court can impose such costs as it deems fit, as a condition for receipt of written statement - Plea that..........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Non-compliance with decree of restitution of conjugal right - Both the parties jointly filed a petition for restitution of conjugal rights and a decree was passed - However, neither party took steps to enforce the decree for restitution of conjugal rights and more than a year had passed without any such action -..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - During pendency of partition suit or during period between passing of preliminary decree and final decree in the partition suit it is open to a party to seek modification or enhancement of his shares till the passing of final decree - Once final decree is passed suit terminates and remaining issues are to be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of commissioner - Court cannot assist a party for collection of evidence...........
