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Results of dismissed for default suit

Showing : 81-90 of 157 Results

JHARKHAND HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Section 11, 115 -- Res judicata - Estoppel - Applicability - Earlier suit dismissed for default - Held, subsequent suit cannot be held to be barred by res judicata, estoppel or acquiescence...........

DELHI HIGH COURT

Year of decision: 2008
Details

Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Delay - Can be condoned on the basis of averments made in the restoration application if the ground seeking setting aside exparte decree and condonation is one and the same...........

RAJASTHAN HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Suit dismissed in default and restored - Written statement filed within 30 days of date of restoration of suit - Written statement must be accepted since time between dismissal and restoration of suit has to be excluded...........

RAJASTHAN HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Defendant appeared - Suit dismissed in default on the next date of hearing - Suit restored - Written statement filed within 30 days of restoration of suit - Written statement cannot be refused to be taken on record on ground that the same is not filed within 30 days of appearance of defendant in the suit..........

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, rejection of application on..........

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 suit or not prosecuting the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit U.O.9.R.8 - Restoration of suit - Restoration application also dismissed in default - Separate suit filed - Held, suit is barred U.O.9.R.9 CPC and only remedy available is to get the suit restored...........

DELHI HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 9, Rule 7 -- Restoration of suit dismissed in default - Affidavit of counsel of petitioner that he had to rush to his village where his uncle had expired - He could not inform his client due to said emergency - Held, that it was a sufficient cause - Substantial justice has to be preferred against technical flaws - There should be no..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit for non prosecution - Suit challenging conveyance deed dismissed for default - Subsequent suit filed for partition - Held, transfer deed thus remained unchallenged - Transfer deed being intact, plaintiff cannot be permitted to claim any right in the property and ask for partition...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit for non prosecution - Conveyance deed challenged - Suit dismissed for default - Subsequently suit for partition filed - Held, by abandoning the challenge to the conveyance deed and by his conduct accepted its existence and validity...........

Showing : 81-90 of 157 Results