Showing : 181-190 of 299 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 9-- Divorce petition - Dismissed in default - Second divorce petition on the same grounds is barred by O.9.R.9 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Consequences of death of one of the legal representative of original plaintiff, pending application for restoration of suit that stood dismissed - Original plaintiff died during pendency of suit - Legal Representatives impleaded - Suit dismissed in default - Application for restoration - One of..........
JHARKHAND HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c)-- Restoration of suit dismissed for default - Rejection - Appeal there against is maintainable - No distinction has been made between rejection of application for restoration on merits or rejection thereof for default - Even if an application U.O.9.R.9 is dismissed/rejected for default, there is no..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 9, Rule 9, 13, Civil Procedure Code, 1908, Section , Order 21, Rule 10-- Execution application dismissed in default - Not restored - Fresh execution application filed - Bar under O9 R9 precludes plaintiff from filing fresh suit - Provision of O9 R9 and R13 are not applicable to execution of decree when the rights of parties stands settled...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 10-- Second execution application - Suit for possession decreed - Execution filed - Dismissed in default - Second execution application filed without restoration of the earlier application - Second application filed within limitation prescribed under Article 136 of Limitation Act - Second application..........
FINANCIAL COMMISSIONER, PUNJAB
Year of decision: 2006
Details
Punjab Land Revenue Act, 1887, Section 16-- Appointment of Lambardar - Petitioner appointed by Collector - Appeal before Commissioner by respondent dismissed - Entertained review application without serving fresh notice to petitioner - Commissioner accepted review & reversed previous order - Revision filed by the petitioner dismissed by the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 41, Rule 19-- Appeal - Dismissal for default - Restoration - Application filed within 30 days - Appellant ill and failure to inform counsel - Application dismissed on the ground that if one appellant was ill other could appear - Held, it is always in the interest of justice that matter should be adjudicated on..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 144, 151-- Restitution - Construction raised in the garb of ad interim injunction - Thereafter suit dismissed for default - Removal of construction raised in the garb of ad interim injunction - Petition under section 144 is not maintainable unless there is any decree or order passed by a competent court of..........
GAUHATI HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Power to grant Temporary Injunction - Exercise of - When to be granted - Appeal dismissed for default - Re admission on application - Such application falls with in meaning of proceeding - Power u/s 94 CPC not Available - Court not competent to grant injunction u/o 39.R.1, 2 CPC...........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 41, Rule 17-- Appeal - Appellant absent - Appeal cannot be decided on merits - Appeal can be dismissed in default either for want of prosecution or for default on the part of appellant...........

Showing : 181-190 of 299 Results