Civil Procedure Code, 1908, Order 21, Rule 106(3), 105(2) -- Execution - Date of hearing of the case was fixed to 24.08.2004 on which date, the decree-holder did not appear for which case was dropped/dismissed - It is only by order dated 16.12.2009, the order passed on 24.08.2004 was set aside and the execution case was restored to file - No application for setting aside..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarried after passing of the ex parte decree - Held, when sufficient ground is established for setting aside ex parte decree, relief cannot be denied merely because the other party has performed remarriage after ex parte judgment and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of party - Compromise between plaintiff and defendant No.1 - Presence of defendant No.2 not necessary in any manner so as to settle any dispute with plaintiff - Suit decided in terms of compromise - Defendant No.2 setting up counter claim against defendant No.1 - Defendant No.2 cannot be transposed as plaintiff..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Held, a subordinate Court has jurisdiction U.O.9.R.13 CPC and u/s 5 of the Limitation Act to set aside an ex parte decree and to condone the delay caused in filing such application when to the satisfaction of Court sufficient cause is shown by applicant -..........
Hindu Marriage Act, 1955, Section 15, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Re-marriage - When permissible? - Held, circumstances in which a party to the decree of divorce can lawfully remarry emerges as follows - (i) If an application U.O.9.R.13 of CPC for setting aside an ex parte decree of divorce is not filed within the period of..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Substitution of heirs - Second appeal - Permissibility - During pendency of present appeal, when appellants came to know through counsel of respondents that respondent No.1 has died, steps have been taken and the substitution application has been filed - Held, Court is of the view that at the stage of second appeal also,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not led any documentary evidence to depict as to how and when they learnt of ex parte judgment - It is rather surprising that application for setting aside moved not long after passing of ex parte judgment - It would depict that defendants were keeping watch on proceedings of suit..........
Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce - Ex parte decree obtained by fraud - Setting aside of - Condonation of delay - Held, it is well known proposition of law that fraud vitiates everything - In a given case, delay of few days may not be condoned and in a given case, delay of years can be condoned, as per facts of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree - Setting aside - Opposed by husband on the ground that he remarried and has one child from the second marriage - There was no service of summons in the divorce petition on the wife at all - Husband performed second marriage within three days of passing of ex..........
Punjab State Election Commission Act, 1994, Section 74, 87, 88, 100 -- Sarpanch - De-notification of - Validity - Respondent No.6 elected as Sarpanch - Inter se dispute between `B' and `J' - In election petition neither election of respondent No.6 was challenged nor any prayer was made for setting aside his election - Election Tribunal while deciding above mentioned inter..........
