Showing : 111-120 of 285 Results

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...........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Suit dismissed in default - Subsequent suit - Trial Court, instead of framing an issue citing O.9.R.9 of CPC, cited only the plea of res-judicata - Appellate Court held that subsequent suit was barred U.O.9.R.9 of CPC - Proprietary of - Held, appellate Court, being last Court of fact, was..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 17, Rule 2-- Dismissal of suit for default - Second suit on same cause - Bar as to - Plea that suit was barred U.O.9.R.9 CPC raised in second appeal - Contention of plaintiff that suit was dismissed for non appearance of both parties - Held, question whether suit was dismissed due to default of both sides or..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Eviction suit on grounds of bonafide necessity dismissed in default - Application for restoration of suit also dismissed in default - Held, cause of eviction on ground of bonafide necessity being recurring, provision of O.9.R.9 CPC has no applicability - Landlord can file fresh suit for eviction..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Himachal Pradesh Urban Rent Control Act, 1987, Section 18-- Eviction suit on grounds of bonafide necessity dismissed in default - Application for restoration of suit also dismissed in default - Held, cause of eviction on ground of bonafide necessity being recurring, provision of O.9.R.9 CPC has no applicability - Landlord can file fresh suit for eviction..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Restoration of suit dismissed in default - Parties not appeared as compromise talks progressed - Suit restored by trial Court on being satisfied with the cause shown - No interference warranted...........

Showing : 111-120 of 285 Results