Showing : 141-150 of 299 Results

CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9, 8-- O.9.R.9 CPC precludes a second suit in respect of the same cause of action where the first suit is dismissed for default of appearance of the plaintiff...........
CHHATTISGARH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9, 8-- Earlier suit dismissed in default U.O.9.R.8 CPC - Second suit on same cause of action but changing valuation of relief of declaration - Plea that earlier suit was dismissed by Trial Court committing an error in dismissing the suit U.O.9.R.8 CPC as such plaintiff is entitled to bring a fresh suit -..........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 41, Rule 22(4)-- Appeal - Cross objections filed in an appeal is not maintainable when appeal is rejected for non payment of balance court fee - Cross appeal has to be decided on merits when appeal is `withdrawn' or `dismissed for default' - In case of deficiency of court fee appeal is not dismissed for default,..........
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...........

Showing : 141-150 of 299 Results