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PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Land Acquisition Act, 1894, Section 18, 53-- Limitation period for restoration of reference dismissed in default - 3 years - Gurbax Singh's case 1987 PLJ 609 Approved-Limitation Act, Article 137...........
MADHYA PRADESH HIGH COURT
Year of decision: 1995
Details
Limitation Act, 1963, Section 5-- Application for restoration of suit - Filed beyond period of limitation - Necessary facts for condonation of delay mentioned in this application itself- Separate application for condonation of delay not filed - Held, if need of a formal application for condonation of delay is felt the Court is..........
BOMBAY HIGH COURT
Year of decision: 1995
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 249, Limitation Act, 1963, Section 2(h)-- Dishonour of cheque - Complaint - Dismissed for non prosecution on 21.9.1991 - On same day restoration application filed -Complaint restored - Revision against - Revision allowed by Sessions Judge -Thereafter complainant filing appeal against order dt.21.9.1991 - Held, conduct of complainant not..........
ALLAHABAD HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5-- Dismissal of suit for default - Restoration - Condonation of delay - Plea that plaintiff was sick from date of hearing till date of restoration application - It amounts to plea of explaining default within meaning of 0.9.R.4 CPC & S.5 Limitation Act - Application has to be disposed of on merits -..........
ALLAHABAD HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 137-- Restoration of restoration application - Limitation for filing such application is governed by Art 137 of the Act and could be filed within a period of three years...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1989
Details
Civil Procedure Code, 1908, Order 9, Rule 8-- Restoration application - If within limitation can be disposed of on affidavits alone...........
PATNA HIGH COURT
Year of decision: 1988
Details
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, Limitation Act, 1963, Article 122, 137-- Restoration of application under Order 9 Rule 13-Art.137 applies-Article 122 not applicable-Limitation is three years...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1987
Details
Limitation Act, 1963, Article 137, Land Acquisition Act, 1894, Section 18, 53-- Restoration of reference under Section 18 dismissed in default - Period of limitation - 3 years under Article 137 Limitation Act...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1987
Details
Civil Procedure Code, 1908, Order 9, Rule 3-- Dismissal of suit - Restoration - Application filed within period of limitation - Not unnecessary to frame the issues - Suit should have been restored by trial Court on the application for restoration filed by petitioner...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1987
Details
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 12(2), Article 122-- Application for restoration of suit dismissed in default - Exclusion of period spent in obtaining certified copy of order under Section 12 Limitation Act - Not permissible - Application for restoration not covered under Section 12(2) Limitation Act - Article 122 Limitation Act provides a period of..........

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