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Results of default restoration of appeal

Showing : 1-10 of 44 Results

TELANGANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Earlier adjournments granted in appeal, ought not to be taken into account by Court while considering whether or not to set aside order dismissing default passed by it, because only cause for absence on that day is required to be gone into...........

TELANGANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - There is no requirement of law that appellants in appeal should be present when appeal is taken up for hearing because having engaged a counsel who has to argue the appeal, appellants need not be physically present in Court - View of Court below that appellants should have..........

TELANGANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Appeal dismissed in default because counsel engaged by appellants could not be present, as he has to admit his son in Engineering course - Application for restoration of appeal filed within 30 days from dismissal of appeal - Court below ought to have taken into account the..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - First appeal is a valuable right of appellant and therefore, appellant was entitled for an opportunity to prosecute their appeal on merits - If appellant's advocate did not appear, Court could impose some cost on them for restoration of their appeal to compensate appellant instead..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Rent petition - Dismissal in default - Restoration - Appeal against order dismissing application U.O.9.R.9 CPC - Such appeal is maintainable as per scheme of CPC, until otherwise specified by Government by way of issuance of an appropriate notification...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 9, Rule 8, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Restoration of suit dismissed in default - Defendant duly represented and it was plaintiff who did not appear - Order of dismissal of suit is U.O.9.R.8 CPC - Rejection of application for restoration of suit is covered U.O.43.R.1(c) CPC - Factual mistake committed by lower..........

PATNA HIGH COURT

Year of decision: 2017
Details

Family Courts Act, 1984, Section 10, 19, Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 8 -- Divorce - Dismissal in default - Restoration - Application U.O.9.R.8 CPC for restoration of suit is maintainable - An appeal u/s 19(1) of Family Courts Act is also maintainable as it also come within the purview of judgment or order...........

RAJASTHAN HIGH COURT

Year of decision: 2017
Details

Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 19 -- Condonation of delay - Restoration of appeal dismissed in default - Sufficient reasons assigned for delay being caused as the factum of appeal listed after 6 years not brought notice of appellant and counsel also did not inform him - Delay condoned - Appeal restored to its original number...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal - Appeal dismissed in default - Application filed within 30 days - Lower Appellate Court ought not to have dismissed appeal in utter haste on the very first day, rather, it could have issued notice to the party, since as per remand order appeal was to be decided within a period of 6 months - Even..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 17, 19 -- Restoration of appeal dismissed in default - Once the main case is restored to file by setting aside the order of dismissal, interlocutory applications, interim orders passed therein, which were in force at the time of dismissal of appeal, are automatically restored even in..........

Showing : 1-10 of 44 Results