Showing : 51-60 of 187 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1-- Withdrawal of suit - Restoration - Withdrawal of suit by a person having no authority to withdraw the suit - Suit withdrawn by playing fraud with plaintiff as well as with Court - Withdrawal of suit null and void ab initio - Held, when there was no valid withdrawal of suit, restoration application..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit dismissed for default - Suit fixed for Sunday - Taken up on the next working day - Suit dismissed in default - Case when taken on next working day should have been fixed for particular date and notices should have been issued to the parties or their counsel - Absence was not..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 6-- Restoration of possession - In order to establish a claim u/s 6 of the Specific Relief Act, 1963 three things are required to be established - (i) that plaintiff was in possession of suit property; (ii) he has been dispossessed without consent and otherwise than in due course of law; (iii) suit..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 4-- Restoration of suit - Suit dismissed for non compliance of order to pay deficiency in Court fee - Application filed after three months - Plea that application U.O.9.R.4 is not maintainable - Held, nomenclature is not decisive - Even though separate application for condonation of delay was not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 3-- Restoration of suit dismissed in default - Typographic error in application regarding date of dismissal of suit in default - Party should not suffer because of any mistake in typing - Suit restored and plaintiff granted one more effective opportunity to produce his entire evidence at his own..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Merit of suit cannot be decided in restoration application - Allegation etc. may prima facie be seen only with a view to decide the restoration application...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Application to set aside ex parte decree is not maintainable once appeal preferred against the decree is dismissed and becomes final between the parties - Entire proceedings seeking restraighten of suit proceedings and for setting aside ex parte decree is without..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1-- Restoration of suit dismissed as withdrawn in view of compromise and statement of plaintiff - Withdrawal of suit was unconditional - Moreover, if any amount had to be paid under the compromise, the petitioners would not have waited for two years to file the restoration application - There would..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Restoration of suit - Sufficient cause - Should receive liberal construction so as to advance substantial justice when no negligence or inaction or want of bonafide is imputed to a party - In the instant case application filed within 30 days after coming to know that suit has been dismissed for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Withdrawal of suit - Restoration thereof - Legality of - Counsel, who made statement for withdrawal of suit, was counsel for LRs of plaintiff No.1 only and was not counsel for plaintiffs No.2 and 3 - Trial Court dismissed suit as withdrawn qua all plaintiffs - Held, he had no authority to withdraw..........

Showing : 51-60 of 187 Results