Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Parties agreed in proceedings u/s 125 Cr.P.C. to receive maintenance from certain date - Held, that agreement will not be applicable to proceedings u/s 24 of Hindu Marriage Act...........
Civil Procedure Code, 1908, Section 146, Order 22, Rule 10 -- Transferee pendente lite has right to continue to prosecute or defend the suit by stepping into the shoes of transferor...........
Hindu Marriage Act, 1955, Section 13, 24 -- Divorce petition - Dismissed due to non payment of maintenance pendente lite - However, maintenance pendente lite paid during pendency of appeal - Held, it appears that there was no mala fide intention of husband for non payment of maintenance arrears - Held, divorce petition deserves to be decided on merits - Impugned order set..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Pendente lite purchaser - Partition suit - A pendente lite purchaser should be given an opportunity to protect his rights - He is entitled to be impleaded in suit or other proceedings where his predecessor-i, interest is made a party to litigation - He is entitled to be heard in the matter on merits of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Purchaser pendente lite - An application to implead a purchaser pendente lite can be filed even by plaintiff/purchaser in a suit for specific performance...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Purchaser pendente lite - Even though in view of doctrine of lis pendens transferee of a property pending disposal of suit is bound by the result of suit but Court in its discretion can implead him as party to..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Subsequent purchaser - Impleadment - A person who purchases a property pendente lite gets no new right and his rights will be subject to the right of his vendor in suit - It is fair and appropriate that purchaser is brought on record - Application allowed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 22, Rule 10 -- Ex parte decree - Setting aside at the instance of transferee pendente lite - Application U.O.9.R.13 CPC at the instance of transferee pendente lite is maintainable only when such transferee by filing an application seeks leave of Court in accordance with O.22.R.10 CPC - Only..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Transferee pendente lite - It is always proper to implead transferee pendente lite on an application of the plaintiff who is dominus litis...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Transferee pendente lite - Law as to - (i) a contract of specific performance is enforceable against the parties to the contract including those who are claiming under them; (ii) It is not enforceable against a subsequent transferee for value who has paid money in good..........
