Civil Procedure Code, 1908, Order 41, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - On bifurcation of State matter pertaining to territorial jurisdiction of Uttarakhand High Court transferred from Allahabad High Court - After transfer of matter, notice not issued to parties - Restoration application filed after delay of 10 years -..........
Civil Procedure Code, 1908, Order 9, Rule 9, Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Restoration of claim petition - Advocate, who was pursuing claim petition never told claimants that their first claim petition had been dismissed in default and second claim petition had been instituted on their behalf - Second claim petition was dismissed as not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Dismissal for default - Restoration - Power of Magistrate - Held, Magistrate has power to restore maintenance petition dismissed for default...........
Civil Procedure Code, 1908, Order 41, Rule 17, 19 -- Appeal - Dismissal in default - Restoration - Propriety - Every attempt made by applicant to adopt delaying tactics and have gone to the extent of making false statement - Applicant watching progress of case and immediately after the matter dismissed, application filed for restoration - Restoration application liable to..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 9, Rule 13 -- and - Ex parte decree - Restoration application - Amendment therein - Amendment sought for and allowed by two Courts below is being challenged by petitioner on ground that it changes nature of case - Amendment sought to add that due to lawyer's mistake it could not be mentioned..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration application - Dismissal of - Validity - Appeal was dismissed for default and the reason given by plaintiff appellant in the restoration application was that his counsel was busy in another court - Held, it was a sufficient reason which did not require any documentary evidence to be filed by plaintiff appellant..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration application - Dismissal of - Validity - Appeal was dismissed for default and the reason given by plaintiff appellant in the restoration application was that his wife was ill and on that date he had taken his wife to hospital for treatment - Court below has rejected the application for the reason that he has not..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Order 9, Rule 2 -- Lis pendens - Between the date of dismissal of suit U.O.9.R.2 CPC and its restoration the `lis' continues...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 5 -- Dismissal in default - Restoration - Inherent power - Court has inherent power to restore suit dismissed for default under O.9.R.5 CPC...........
Specific Relief Act, 1963, Section 6 -- Suit for restoration of possession - Plaintiff tenant had established his exclusive possession - Mere possession itself would not lead to presumption of tenancy - Tenant had not established whether he was tenant of premises in question or not - Tenant not entitled to relief of restoration...........
