Showing : 11-20 of 66 Results

HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 8, 9-- Suit - Dismissal in default due to non appearance of plaintiff - Bars fresh suit in respect of same cause of action - However, it does not preclude fresh suit if a cause of action is separate and distinct...........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal of suit U.O.9.R.3 CPC - Subsequent suit - Where earlier suit was dismissed for no, appearance of both the parties, plaintiff can bring fresh suit as per O.9.R.4 CPC and O.9.R.9 CPC would not act as a bar to subsequent suit...........
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: 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..........
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..........
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...........
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 - Second suit with a different relief based upon a separate cause of action is not barred U.O.9.R.9 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal in default - Bar of fresh suit - Cause of action in first suit is demolition of Nali and encroachment of land at the behest of Gram Sabha - Whereas cause of action in subsequent suit is construction of road without acquisition of land and payment of compensation by P.W.D - Cause of..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal in default - Bar of subsequent suit - Held, rent petition claiming rent for subsequent period is not barred U.O.9.R.9 CPC as cause of action in both the suits is different...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal in default - Bar of subsequent suit - Divorce Petition - Fresh petition on the same cause of action as the previous petition - Fresh petition not maintainable...........

Showing : 11-20 of 66 Results