Showing : 1-10 of 58 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after delay of 18 months - Appellant was aware about dismissal of suit still he knowingly failed to file application for restoration within prescribed period - Application rightly rejected...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Condonation of delay of 513 days - Plea of illness and non intimation of dismissal by counsel - Said plea not substantiated by plaintiff - Even delay of 513 days in approaching Court not explained by plaintiff - Application for restoration of suit rightly..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay in filing appeal - Partition suit - Earlier application u/s 5 of the Act filed along with appeal against preliminary decree containing identical assertions rejected by this Court - Rejection of earlier application thus, operates as res judicata - Moreover, there is no..........
DELHI HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 14-- Condonation of delay - Suit for specific performance - Earlier suit for possession was permitted to be withdrawn by Supreme Court and simultaneously permission granted to file suit for specific performance - Jurisdiction of Court was never in doubt or under challenge - It was conscious option of..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5, Article 123-- Ex-parte decree - Setting aside - Condonation of delay - Limitation would reckon from date when ex-parte decree is passed by Court and not from date of knowledge of ex-parte decree - If the delay is explained to the extent that applicant was unaware of happenings in suit, Court should consider the..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Re-presentation of plaint - Plaintiffs gave sufficient and valid reason for condoning delay in representation - Defendants admitted pendency of insolvency proceedings and suit filed by plaintiffs against them - Hence, reasons given by Court for rejecting contentions of..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Abatement of appeal - Condonation of delay - Death of plaintiff - Plaintiff being trustee of suit property filed suit though not instituted in the name of trust - But suit property is allegedly shown in the name of Trust - Applicant claiming himself to be authorized or working Trustee of suit..........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Delay of 129 days - Defendant is senior citizen aged over 66 years - He failed to take necessary steps in setting aside ex parte decree owing to old age and age related ailments - Court below ought to have been more liberal in its approach..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Rejected on the ground of no, submission of application for condonation of delay - Due to lack of suitable advice to be given to party by his advocate, delay condonation application not filed - Party therefore, should not be made to suffer for something which was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9-- Condonation of delay - Delay of 75 days in filing application for restoration of suit - Delay of 75 days in filing application for restoration of suit is not an inordinate delay and ought to have been condoned by the trial Court...........

Showing : 1-10 of 58 Results