Showing : 41-50 of 77 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Application U.O.9.R.9 CPC dismissed in default - Restoration of restoration application - Advocate did not appear without intimating the party which resulted in dismissal - A litigant cannot be made to suffer due to the fault of his Advocate - Appellant filed his affidavit and in his oral..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 41, Rule 19-- Restoration of appeal dismissed in default - Serious illness of elder brother who died on the following day when the appeal was fixed for hearing - Also wife of appellant met with an accident due to which he was busy in attending her for almost one and half months - Held, explanation for non..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 2, Motor Vehicles Act, 1988, Section 167-- Petitioner suffered serious injuries in road accident - Claim petition filed by petitioner, dismissed in default by Tribunal on account of non-filing of process free - Restoration application filed belatedly without filing application for condonation of delay - Held, petitioner cannot be made to..........
WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLKATA
Year of decision: 2008
Details
Consumer Protection Act, 1986, Section 13 , 14-- Complaint - Dismissal for default - Restoration application - Held that it is the inherent power of the Forum to restore a petition which is dismissed for default...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Application for - Dismissed in default - Restoration of - Plea that recalling of dismissal order would amount to altercation in order as defined in S.362 and, therefore, is not permissible - Held, prohibition imposed by S.362 of the Code is to the extent of impermissibility..........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed for default - Delay - Application for condonation of delay rejected on ground that there is inconsistency in evidence and that no documentary evidence was produced to substantiate the statement - Suit was at the stage of cross-examination of plaintiff - Held,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissal for default - Suit dismissed for default when an application for transfer of case was pending and plaintiff was under impression that record of case is summoned by District Judge - Plaintiff has filed the suit for possession by affixing the Court fee - By delaying the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90-- Execution - Objections - Dismissed for default - Attached property ordered to be auctioned - Application for restoration of objections filed - Application for stay of auction rejected - Property auctioned - Execution pending for consideration of application for restoration of objections and also..........
RAJASTHAN HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 41, Rule 19-- Appeal - Restoration of appeal dismissed in default - Application signed by Advocate only and not supported by an affidavit - Restoration application cannot be dismissed for the reason that it is not signed by the party and an affidavit in support thereof is not filed - Sufficient cause explained..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Consequences of death of one of the legal representative of original plaintiff, pending application for restoration of suit that stood dismissed - Original plaintiff died during pendency of suit - Legal Representatives impleaded - Suit dismissed in default - Application for restoration - One of..........

Showing : 41-50 of 77 Results