Showing : 101-110 of 299 Results

PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 8-- Restoration of suit dismissed in default - In case of dismissal of suit in default, there is no bar in restoring the same - Plaintiff was not to be benefitted by getting the suit intentionally dismissed in default - Defendant in no way to be prejudiced by the restoration of suit - Meritorious..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Section , Order 9, Rule 8-- Delay - Condonation - Delay in preferring appeal against order dismissing application for restoration of suit dismissed in default - Court to adopt summary procedure by directing parties to file affidavits and counter affidavits of the respective parties and their witnesses...........
GUJARAT HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Dismissal for default - Legality of - Complainant and respective parties were present but as trial court was busy with another matter, the matter could not proceed further and the matter was adjourned to 08.03.2011 - Thereafter on 08.03.2011 complainant or his..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 43, Rule 1(d), Civil Procedure Code, 1908, Order 9, Rule 13-- Suit dismissed for default - Restoration - Resisting of - Order of restoration was passed upon an application which was served upon Appellant - Order was passed upon payment of costs - All that the order was to allow parties to be heard on merits - Contention that delay of five years resulted in..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Consolidation proceedings - Objection dismissed in default - Application for recall of order - Opposite party No.2 died during pendency of recall application - Recall application allowed without substituting legal heirs of deceased - Validity of - Held, substitution application can be allowed..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Delay of three years - Condonation of delay - Mistake of clerk of counsel as he could not mark the case and counsel could not appear and case was dismissed for want of prosecution - Factum of dismissal came into notice of applicant on inspection of file..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 5-- Restoration of second appeal - Condonation of delay - Second appeal transferred to another Court got dismissed for default - Applicants in delay condonation application have categorically stated that no notice of transfer were sent to them - Held, there is just reason for no, appearance in Court..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 19-- Appeal - Dismissal in default - Restoration - Delay of 2186 days - Appeal dismissed due to mistake of counsel - Litigant not to suffer due to mistake of counsel - Appeal restored subject to deposit of Rs.250/- as costs...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Section , Order 30, Rule 4(2)-- Restoration of suit dismissed in default - When suit is dismissed in default in ignorance of death of plaintiff, legal representatives of plaintiff can file restoration application...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Section , Order 30, Rule 1(2)-- Restoration of suit dismissed in default - Restoration application can be signed by any of the persons who was partner at the time of accruing of the cause of action...........

Showing : 101-110 of 299 Results