Showing : 71-80 of 86 Results

GAUHATI HIGH COURT
Year of decision: 1991
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of restoration application dismissed for default - Such application Is maintainable in view of S.141 CPC...........
GAUHATI HIGH COURT
Year of decision: 1991
Details
Civil Procedure Code, 1908, Order 43, Rule 1-- Restoration of restoration application dismissed for default - Appeal against order dismissing such application does not lie...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1989
Details
Civil Procedure Code, 1908, Order 9, Rule 8-- Restoration of suit dismissed for default - If the application is within time suit is ordinarily restores - For the negligence of a party the other party can be compensated with costs...........
ORISSA HIGH COURT
Year of decision: 1988
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 106, Civil Procedure Code, 1908, Order 9-- Objection Petition U.O.21.R.58 dismissed for default - Restoration - The express provision contained in Rule 106 of Order 21 excludes the operation of order 9 & S.151 - Aggrieved party whose application under order 21 rule 58 has been dismissed for default or against whom, an order has been passed..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1988
Details
Civil Procedure Code, 1908, Order 9, Rule 4, 8-- Suit dismissed for non appearance of plaintiff - restoration application filed on the very next day - Held, even if the application fails to prove the assertions made in the application the Court should restore the suit on payment of heavy costs especially when the application for restoration was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1987
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Suit for possession dismissed for default of appearance - Application fur restoration filed within time - Suit should be restored without recording any evidence on payment of costs, if any - Unnecessary to frame issues and to record evidence which unnecessarily consumes public time...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1987
Details
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 12(2), Article 122-- Application for restoration of suit dismissed in default - Exclusion of period spent in obtaining certified copy of order under Section 12 Limitation Act - Not permissible - Application for restoration not covered under Section 12(2) Limitation Act - Article 122 Limitation Act provides a period of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1986
Details
Civil Procedure Code, 1908, Order 9, Rule 4, 3-- Suit dismissed in default due to Lawyers strike - Restoration of - Stringent view taken regarding strike of lawyers in S. Maharaj Bakash Singh's case 1986 (2) P. L. R. 179 Dissented - Non-appearance of counsel for plaintiff due to strike of Lawyers - Should not stand in way of restoration provided..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1986
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed in default - Should be allowed on payment of costs to compensate defendant - Application for restoration filed with promptitude i. e. within one week from its dismissal - That by itself sufficient to restore suit on payment of costs - Restoration of suit dismissed in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1984
Details
Land Acquisition Act, 1894, Section 18, 53-- Reference proceedings - Party to reference absent - Dismissal of reference on merits holdings as fair compensation amount assessed by Land Acquisition Collector - Illegal - Proper course - District Judge to dismiss reference for default of appearance - Claimant can make application for restoration..........

Showing : 71-80 of 86 Results