Showing : 61-70 of 295 Results

MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Earlier suit dismissed for no, appearance of both the parties - Restoration application also dismissed for non payment of costs - When suit is dismissed for non appearance of both the parties, plaintiff can file fresh suit and dismissal of restoration application has no significance in the matter...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Delay in filing application U.O.7.R.11 CPC - Application for rejection of plaint filed long after filing of suit and dismissal of amendment application of plaintiff - No plausible explanation for petitioner for such a delay - Said delay disentitles the petitioner to claim..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Plaint - Non disclosure of material facts - Non mention of fact of filing of earlier suit in Bombay High Court - Plea that on account of similarity between previously instituted suit and the present suit and reliefs claimed thereunder, the factum of having filed the previous suit becomes a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Restoration of suit - Sufficient cause of non appearance - Neither petitioner nor his advocate filed affidavit disclosing reason for not appearing at the time when case was called for hearing - Advocate refused to give his affidavit - Although reason was assigned that he was suffering from..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed for default - Suit for compensation for death of son due to collapse of building - No fault found in dismissal of application from legal perspective - However, due to non restoration of suit unfortunate mother of ill-fated son is forever denied opportunity of claiming..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 15A-- Suit for declaration - Application by defendant for direction to plaintiff to deposit rent - It is landlord of a building, in a suit filed by him for recovery of possession, can file an application for deposit of rents by defendant/tenant, pending suit - There is no provision in CPC which enables..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed in default - Plaintiff was present in the morning session and requested to post case after lunch as his counsel was busy in some other Court - Case when called after lunch, non appeared on behalf of plaintiff - Application for restoration of suit filed within two days..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 1(3)-- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Application cannot be allowed in part allowing withdrawal of suit and declining liberty to file fresh suit as it amounts to dismissal of suit itself...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Plaintiff had earlier filed a suit for injunction and an application for interim injunction which was dismissed on merits - Suit later on withdrawn with liberty to file afresh - Dismissal of application for injunction can have no bearing to a dismissal of suit on merits and that too..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Second suit - Dismissal of first suit for want of prosecution - `Same cause of action' plays a vital role for deciding as to whether any suit is barred - Second suit is only barred if its cause of action is the same as in the earlier suit which had been dismissed for want of prosecution...........

Showing : 61-70 of 295 Results