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Sri R Ravichandar vs Sri N Mubeen on 8 December, 2022

In Smt. Indira Kashyap's case (supra), petitioner - wife had failed to establish her specific contention urged in petition under Order IX Rule 13 that after she had appeared along with her husband before Family Court, it was adjourned by giving long date to enable them to reduce differences, there was reconciliation, due to which she had not appeared. In that context, while considering reason for delay, Court drew adverse inference against her for not examining her informer, who told her about ex-parte divorce decree.
Karnataka High Court Cites 29 - Cited by 0 - R V Hosmani - Full Document

Rajendra Singh Urf Raju vs Yogesh on 6 January, 2023

Heard. On due consideration of submissions and perusal of the documents filed on record, this Court finds force with the contentions Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 09-01-2023 18:31:30 3 raised by learned counsel for respondent No.1 and is of the opinion that no illegality or jurisdictional error has been committed by the learned Judge of the Trial Court in allowing the application filed under Order 9 Rule 7 of CPC, as this court is of the considered opinion that such an application has to be decided leniently and a pedantic approach in deciding the same is not called for. So far as the decision relied upon by the counsel for the petitioner in the case of Indira Kashyap (supra) is concerned, the same relates to a proceeding under Order 9 Rule 13 of CPC which is different from a proceeding u/Or.9 Rule 7 of CPC, and thus, no case for interference is made out.
Madhya Pradesh High Court Cites 3 - Cited by 0 - S Abhyankar - Full Document
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