Showing : 91-100 of 143 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement - Setting aside - Principles governing - (i) The words 'sufficient cause for not making the application within the period of limitation' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 22, Rule 10-A-- Non compliance with the provision - Consequences are not provided - The provision does not take away the duty on the part of the plaintiff or the appellant to file an application for condonation of delay in bringing on record the heirs and legal representatives of a deceased plaintiff/appellant or..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 2, Motor Vehicles Act, 1988, Section 167-- Petitioner suffered serious injuries in road accident - Claim petition filed by petitioner, dismissed in default by Tribunal on account of non-filing of process free - Restoration application filed belatedly without filing application for condonation of delay - Held, petitioner cannot be made to..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Condonation of delay - Sufficient cause for not filing application within time explained - Defendant not negligent - No affidavit in support of the fact that defendant never knew of decree when someone had come to take possession of property - However, it is not..........
DELHI HIGH COURT
Year of decision: 2008
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed in default - Delay - Can be condoned on the basis of averments made in the restoration application if the ground seeking setting aside exparte decree and condonation is one and the same...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5-- L.R's - Non impleading - Abatement - Setting aside - Principles governing: (i) 'Sufficient cause' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case; (ii) In considering the reasons..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5-- L.R's - Non impleading - Abatement - Setting aside - Principles governing: (i) 'Sufficient cause' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case; (ii) In considering the reasons..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5, Article 123-- Exparte decree - Setting aside - Limitation - Starts to run from the date of knowledge of exparte decree - However, in case summons were duly served then limitation starts to run from the date of exparte decree - Application filed beyond period of limitation - Condonation of delay neither sought..........
DELHI HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Section 5-- Defendant proceeded exparte - Setting aside exparte order - Five years delay - Condonation - Where the litigating party is a State or its instrumentality, nature of the dispute and resultant impact of non-suiting the State or its instrumentality has additionally to be kept in mind...........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed for default - Delay - Application for condonation of delay rejected on ground that there is inconsistency in evidence and that no documentary evidence was produced to substantiate the statement - Suit was at the stage of cross-examination of plaintiff - Held,..........

Showing : 91-100 of 143 Results