Showing : 31-40 of 81 Results

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..........
ORISSA HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal of suit in default - Restoration - Delay - Condonation - Separate application u/s 5 of Limitation Act is not required - Where the petition U.O.9.R.9 CPC itself reveals the ground on which petitioner was prevented from filing the application in time, Court can take cognizance of the said..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 2, 7, Limitation Act, 1963, Section 5-- Ejectment order - Appeal against - Dismissal in default - On application for restoration of appeal, matter remanded which is pending disposal for the last 25 years - Petitioner prayed that appeal be decided on merit after condoning delay - Delay condoned in view of observations made by the Apex..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Limitation Act, 1963, Section 5-- Condonation of delay in filing application for restoration of appeal dismissed in default - Counsel for applicant inadvertently could not mark the case in the cause list and thus could not appear when the appeal listed for hearing which was dismissed in default - Held, these kind of errors/slips..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 141, Order 9, Rule 9, Limitation Act, 1963, Article 122, 137-- Restoration of restoration application - It is miscellaneous application within the meaning of S.141 of the Code - No specific provision under Limitation Act dealing with miscellaneous applications - These are governed by residuary Article 137 and not by Article 122 of the Act - Limitation to file..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Delay of five years - Condonation - It is a long period which has to be explained sufficiently - There has to be some cogent and valid reason - In such matters approach of Court should be justice oriented and liberal view should be taken but it does not..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Redemption of Mortgages (Punjab) Act, 1913, Section 4, 6, 12, Civil Procedure Code, 1908, Order 34, Rule 7-- Application for redemption filed before Collector - Dismissed in default - Application for restoration also dismissed - Civil suit for redemption filed after one year of the date of order of Collector - Held, application for redemption was dismissed by Collector in default - It was not decided on..........
HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PANCHKULA
Year of decision: 2010
Details
Consumer Protection Act, 1986, Section 24A-- Limitation - Plot allotment - Surrender of plot - Refund of deposited amount accepted on 25.8.2003 - Complaint for restoration of plot filed on 19.12.12005 without any application for condonation of delay - The complaint was liable to be dismissed on ground of limitation alone...........

Showing : 31-40 of 81 Results