Consumer Protection Act, 1986, Section 18, 21(b) -- Complaint - Dismissal in default - Restoration of complaint - Plea that the State Commission has no power to review its order - Held that since the matter was pending before the State Commission at admission stage, it rightly observed that petitioner has no locus standi to challenge the application for restoration filed..........
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 on..........
Civil Procedure Code, 1908, Order 41, Rule 12 -- Appeal - Appellate Court is vested with very wide powers including framing of additional issues, permitting additional evidence, remanding a case, pronouncing judgments in accordance with law and even admit an appeal for rehearing where the appeal was dismissed in default...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Appeal - Dismissal in default - Restoration - Delay of 2186 days - Appeal dismissed due to mistake of counsel - Litigant not to suffer due to mistake of counsel - Appeal restored subject to deposit of Rs.250/- as costs...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complainant remained absent on three consecutive occasions - No adjournment asked - Complaint dismissed on default - Held, dismissal of complaint u/s 256 of Code on ground of no, appearance of complainant is merely a technical dismissal and not on merits -..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Section , Order 30, Rule 4(2) -- Restoration of suit dismissed in default - When suit is dismissed in default in ignorance of death of plaintiff, legal representatives of plaintiff can file restoration application...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Section , Order 30, Rule 1(2) -- Restoration of suit dismissed in default - Restoration application can be signed by any of the persons who was partner at the time of accruing of the cause of action...........
Civil Procedure Code, 1908, Order 9, Rule 9, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Recording of Zimni Order - Landlord died during pendency of eviction petition - Application for bringing LR's of deceased landlord dismissed in default - However, another application filed for restoration - Matter of bringing LR's on record delayed for one and a half..........
Civil Procedure Code, 1908, Section 148, Order 9, Rule 8, 9 -- Suit - Dismissal for default - Restoration of - Plaintiff directed to pay all costs and produce evidence by next date otherwise suit would stand dismissed - On next date, adjournment sought by plaintiff on the ground of no, availability of counsel - Prayer for adjournment rejected and suit dismissed -..........
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..........
