Civil Procedure Code, 1908, Order 9, Rule 9 -- Earlier suit dismissed for no, appearance of both the parties - Restoration application also dismissed for non payment of costs - When suit is dismissed for non appearance of both the parties, plaintiff can file fresh suit and dismissal of restoration application has no significance in the matter...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 17, 19 -- Restoration of appeal dismissed in default - Once the main case is restored to file by setting aside the order of dismissal, interlocutory applications, interim orders passed therein, which were in force at the time of dismissal of appeal, are automatically restored even in..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration application - Condonation of delay - Previous conduct of parties or previous adjournments granted by Court finding sufficient cause are irrelevant consideration for deciding restoration application - Rejection of application on irrelevant consideration - Impugned order set aside -..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Evidence on record shows that amount said to have been claimed by accused appears to be restoration charges which has to be collected from complainant - Evidence of complainant was not consistent regarding dates on which amount was demanded and paid - Both decoy and trap witnesses..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed for default - An advocate can file restoration petition though vakalatnama does not expressly authorise him to file an application for restoration, if Court is satisfied that there was no express prohibition in doing so, it has to assume that counsel had implied authority to file such application...........
Civil Procedure Code, 1908, Order 9, Rule 4, 9 -- Suit dismissed U.O.9.Rr.2,8 CPC - Application for restoration of suit filed U.O.9.R.4 CPC - Application should have been filed U.O.9.R.9 CPC as well...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Sufficient cause of non appearance - Neither petitioner nor his advocate filed affidavit disclosing reason for not appearing at the time when case was called for hearing - Advocate refused to give his affidavit - Although reason was assigned that he was suffering from jaundice and typhoid but no medical..........
Civil Procedure Code, 1908, Section 151 -- Eviction petition - Forcible dispossession in June, 2011, during pendency of eviction petition - Application u/s 151 CPC for restoration of possession filed on 4.1.2012 which was dismissed merely on the ground of delay, without going into merits of rival contentions of both the parties - Delay in filing application for restoration..........
Civil Procedure Code, 1908, Section 151 -- Dispossession during pendency of eviction petition - Restoration of possession - Dispossession was in the year 2005 - Restoration sought in the year 2012 - Plea that defendants have voluntarily vacated the premises and left suit property at their own will - For a long time defendants neither raised any objection nor filed any..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Several opportunities granted to plaintiff to lead his evidence but none of witnesses were present on his behalf - Trial Court after hearing arguments of defendants counsel, dismissed suit - As plaintiff is aged and illiterate laborer who was working far off and had no information regarding suit being..........
