Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 9 -- Rejection of petition filed u/s 9 of Hindu Marriage Act - Ex parte divorce decree passed against wife - However, wife already filed an application to set aside said ex parte decree - Therefore, there is every possibility of restoration of divorce petition filed by husband for disposal on..........
Civil Procedure Code, 1908, Order 39, Rule 11(2), (As -(As applicable in State of Maharashtra) - Defence struck off on ground of breach of injunction by defendant - Restoration of defence - Violation of ad interim injunction - Defendant executed sale deed in violation of ad interim injunction order - Said sale deed is not cancelled - Defendant received part consideration..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Restoration of restoration application dismissed in default - Present restoration application has been filed by petitioner after a lapse of more than 3 years - Trial Court rightly dismissed the application...........
Civil Procedure Code, 1908, Section 151 -- Restoration of appeal - Dismissal of appeal due to non-furnishing of requisite Court fees - Opportunity was given to make good Court fee, but same was not complied with - Even application for restoration of appeal was not accompanied with requisite Court fee - Order of restoration of appeal set aside...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Partition suit - Plaintiff and defendant are siblings and delay is only 92 days - One opportunity be given to plaintiff in the interest of justice to put forth her case on imposition of terms and cost - Suit restored subject to..........
Clean hands -- Restoration of petition dismissed in default - Petitioner must approach Court with clean hands - It is not acceptable when false averments are made in the affidavit filed in support of application besides statements of irrelevant and non existing facts...........
Civil Procedure Code, 1908, Order 21, Rule 105(2), Limitation Act, 1963, Section 5 -- Execution petition - Dismissed in default - Restoration - Applicability of S.5 of limitation Act - S.5 of Limitation Act is not applicable to any of provision U.O.21 CPC, in view of phrase `other than application under any of provision of O.21 CPC' used in S.5 of Limitation Act -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2117 days in filing restoration application - No cogent and proper explanation given for condonation of such a huge delay - Even, explanation furnished by plaintiffs in so many paragraphs of delay condonation petition fails to provide sufficient cause for delay - Order allowing petition for condonation and..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - In the execution of a decree for injunction, even restoration of possession can be ordered by Executing Court...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of application U.O.21.R.58 CPC - Dismissal in default - Sufficient cause was shown for non-appearance when the suit was called for hearing - Appellant has been in fact penalized for her previous conduct - Lenient view in such matter in favour of opportunity of hearing to do complete justice deserves to be taken -..........
