Showing : 21-30 of 78 Results

GAUHATI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 106(3)-- Execution petition - Dismissed in default - Restoration - Limitation - 30 days - Starting point of limitation is date of said order and not from date of acquiring knowledge about dismissal of execution petition...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration application - Condonation of delay - Previous conduct of parties or previous adjournments granted by Court finding sufficient cause are irrelevant consideration for deciding restoration application - Rejection of application on irrelevant consideration - Impugned order set aside -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay can be condoned even without filing a separate application for condonation of delay, if delay is otherwise explained in the affidavit filed in support of an application for restoration of suit...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 141, Order 9, Rule 13, 9, Limitation Act, 1963, Article 122-- Restoration of restoration application - Dismissal of application U.O.9.R.13 CPC for non appearance - Restoration application U.O.9.R.9 CPC is maintainable and limitation to file such an application is 30 days in view of S.141 CPC...........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 41, Limitation Act, 1963, Section 5-- Restoration of appeal dismissed in default - On bifurcation of State matter pertaining to territorial jurisdiction of Uttarakhand High Court transferred from Allahabad High Court - After transfer of matter, notice not issued to parties - Restoration application filed after delay of 10 years -..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Section , Order 9, Rule 8-- Delay - Condonation - Delay in preferring appeal against order dismissing application for restoration of suit dismissed in default - Court to adopt summary procedure by directing parties to file affidavits and counter affidavits of the respective parties and their witnesses...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Limitation Act, 1963, Section 5-- Delay - Condonation - A company, firm or organisation, which are backed by battery of lawyers to represent their case before the Court of law cannot be equated with rustic villager to get some sort of relaxation for condoning the delay and/or recalling or restoration of the matter...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Delay of three years - Condonation of delay - Mistake of clerk of counsel as he could not mark the case and counsel could not appear and case was dismissed for want of prosecution - Factum of dismissal came into notice of applicant on inspection of file..........
UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 5-- Restoration of second appeal - Condonation of delay - Second appeal transferred to another Court got dismissed for default - Applicants in delay condonation application have categorically stated that no notice of transfer were sent to them - Held, there is just reason for no, appearance in Court..........
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..........

Showing : 21-30 of 78 Results