Showing : 101-110 of 278 Results

PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 9, East Punjab Urban Rent Restriction Act, 1949, Section 13-- Recording of Zimni Order - Landlord died during pendency of eviction petition - Application for bringing LR's of deceased landlord dismissed in default - However, another application filed for restoration - Matter of bringing LR's on record delayed for one and a half years due to wrong recording..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 148, Order 9, Rule 8, 9-- Suit - Dismissal for default - Restoration of - Plaintiff directed to pay all costs and produce evidence by next date otherwise suit would stand dismissed - On next date, adjournment sought by plaintiff on the ground of no, availability of counsel - Prayer for adjournment rejected and suit..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 8, Limitation Act, 1963, Section 5-- Appeal dismissed in default - Application for restoration of appeal filed after about 2 years, which was dismissed - Petitioner an illiterate villager, who was never informed by his counsel about dismissal of appeal in default - Held, petitioner cannot be made to suffer due to inaction on the part..........
GUJARAT HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 115-- Gujarat Motor Vehicles Rules 1989, R. 3 - Power of Court - Suit dismissed under rule 3 - Revision thereagainst - Maintainability - Held, under rule 3, even if, neither party appears when suit is called for hearing, it is not compulsory for Court to dismiss suit - In the event of dismissal of..........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 35-- Costs - Waiver of - Plaintiff failed to file reply to IA - Delay caused in filing reply was not attributable to plaintiff as suit which was dismissed in default was restored after 4 months - Held, cost of Rs.50,000/- imposed by trial Court waived...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 37, Rule 6-- Loan - Recovery suit - Loan was granted by plaintiff bank to defendants for purchase of tractor - Defendants duped by tractor dealer - They remained completely silent when plaintiff was asking defendants to take necessary action - Defendants also withdrew their suit filed against tractor dealer..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Restoration of suit dismissed in default - All interim orders passed get revived on restoration of suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 105, 106-- Execution - Restoration - Execution petition dismissed in default can be restored U.O.21.R.106 CPC...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 105, 106-- Execution - Restoration - Execution petition dismissed in default can be ordered to be restored - Contention that petition was dismissed and not dismissed in default - Order dismissing petition on the ground that non turned up on behalf of D.H. or J.D. - Order passed without prejudice to the right..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 17, Rule 1, 2-- Suit dismissed in default for want of prosecution - Dismissal in default amounts to dismissal U.O.9.R.3 and not U.O.17.R.2 CPC - Proper remedy for making an application is U.O.9.R.4 CPC...........

Showing : 101-110 of 278 Results