Showing : 131-140 of 263 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 47-- Execution - Eviction petition - Objections that execution petition is not filed within limitation - Execution petition was earlier filed which was dismissed in default - Execution Court dismissed the objection petition without deciding whether execution petition is filed within time and whether..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 47-- Execution - Eviction petition - Objections that execution petition is not filed within limitation - Execution petition was earlier filed which was dismissed in default - Execution Court dismissed the objection petition without deciding whether execution petition is filed within time and whether..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13B-- NRI landlord - Earlier petition u/s 13 of the Act for arrears of rent was dismissed in default - Has no material bearing at all on the merits of the eviction filed u/s 13-B of the Act...........
MADHYA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122-- Application U.O.9.R.13 CPC dismissed in default - Restoration of restoration application - Such an application is not covered under Art.122 Limitation Act...........
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..........
DELHI HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Suit dismissed in default - Restoration - Sufficient cause - Suit dismissed in default at the stage of final arguments - Negligence of counsel - Parties cannot be deprived of their legal rights - It is expedient that the matter is decided on merits, rather it goes in default as substantial rights..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Earlier suit for permanent injunction filed - Suit dismissed in default - Again a suit for permanent injunction filed which was got dismissed as withdrawn - By that time, cause of action to file suit for specific performance has not arisen - Held, suit is not barred by O.2.R.2 CPC...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 249, Indian Penal Code, 1860, Section 498A, 506, 34-- Dismissal of complaint u/s 498-A, 506 & 34 IPC in default - Complaint restored by Sessions Judge in exercise of its revisional jurisdiction - It is not an order recalled by the same Court which dismissed it - Order upheld...........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 8, Rule 6-A-- Counter claim - Nothing on record to show that counter claim was admitted and that defendant pressed the same in the trial Court - In case counter claim is not decided alongwith suit then same is deemed to be pending and cannot be made a ground for setting aside judgment and decree passed in the..........
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..........

Showing : 131-140 of 263 Results