Civil Procedure Code, 1908, Section 151, 2(2), 96 -- Suit for possession by pre-emption - Order for deposit of I/5th of pre-emption money - Amount deposited within time - Plaintiff taken ill and could not attend Court nor could he inform his counsel - Counsel stated that direction of Court not complied with - Court rejected the plaint - Application under Section 151 for..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Proviso - Conditions precedent to passing of order under Section 42 are: (i) notice to interested parties to appear; and (ii) opportunity to be heard - Petition under Section 42 dismissed in default - Application for restoration - Additional Director restored the petition as..........
Civil Procedure Code, 1908, Section 144 -- Mandatory - Duty of Court when a decree has been reversed to cause restitution so as to place parties in their previous position - Pre-emption suit decreed and vendee's first appeal dismissed - Pre-emptor got possession of land in execution of preemption decree - Vendee's second appeal accepted and suit of pre-emptor dismissed -..........
Civil Procedure Code, 1908, Section 115, 148, 149, 151, Order 7.11 -- Case adjourned for payment of deficit court fee On the adjoined date the case called in the early hours of the day As no body appeared the plaint rejected On the same day restoration application moved Restoration application rejected holding that the order of rejecting the plaint is appealable and as..........
Northern India Canal and Drainage Act, 1873, Section 30FF -- Restoration of dismantled water-course - Application lies only to Divisional Canal Officer and not to Sub Divisional Canal Officer...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Appeal by several appellants dismissed in default-one of the appellants files application U.O.41.R.19 for restoration of appeal - Application in maintainable and the appeal can be restored - Effect of restoration - Held that though the application Under Rule 19 by only one of such appellants is maintainable the appeal will..........
Civil Procedure Code, 1908, Order 9, Rule 1, Civil Procedure Code, 1908, Order 47, Rule 1 -- Application under Indian Succession Act dismissed in default - Restoration application U/O 9 CPC restored U/O.47.R.1 and S.151 CPC without notice to opposite party Order illegal...........
East Punjab Utilisation of Lands Act, 1949, Section 6, 7, 3, 4, 5 - - Interpretation of Sections 6 and 7 - Competency of landowner to make application under Section 6 No bar on Collector restoring possession to landowner even before expiry of 20 years - Landowner has locus standi to make application to Collector for determination of lease on ground of default of lessee in..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Decree must be varied or reversed Duty and powers of court in interpretation - Held, that the word `restitution' used in S.144 of the CPC, connotes restoration to a party, on the variation or reversal of a decree, what has been lost to him in execution of the decree or directly in consequence of that decree, through..........
Civil Procedure Code, 1908, Order 41, Rule 17, 19 -- Dismissal of appeal for default Restoration application made on the same day - Effect - Appearance on the same day cannot be pleaded in support of restoration, if after restoration, a case is to be adjourned again...........
