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..........
Civil Procedure Code, 1908, Section 115 -- Gujarat Motor Vehicles Rules 1989, R. 3 - Power of Court - Suit dismissed under rule 3 - Revision thereagainst - Maintainability - Held, under rule 3, even if, neither party appears when suit is called for hearing, it is not compulsory for Court to dismiss suit - In the event of dismissal of suit, it is open to plaintiff to apply..........
Civil Procedure Code, 1908, Section 115, Order 9, Rule 4, Motor Vehicles Act, 1988, Section 68 -- Rr.213, 229 -- Motor Accident Claim Petitions - Gujarat Motor Vehicles Rules 1989, - Order passed on restoration application - Revision thereagainst - Maintainability - Held, there is no separate Procedural Law made applicable to conduct the Motor Accident Claim Petitions -..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Setting aside exparte order - Application to set aside ex parte order filed on the same day - Rejected on the ground that application was filed after orders had been passed - Not a ground for rejecting the application - There is no finding that cause shown for moving the application for restoration was not available or was..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration - Counsel taking responsibility on his personal conduct - Counsel was suffering from blood pressure and heart ailment and suddenly he went home - Client, who is sitting far away may not be punished for the conduct of the counsel - Petition restored to its original number...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - All interim orders passed get revived on restoration of suit...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit without any condition or liberty - Restoration thereof - Legality of - Order passed by trial court dismissing suit as withdrawn by unilateral request of plaintiff - Counsel for defendant did not raise any objection for acceptance of request of plaintiff for withdrawal of suit - No condition for..........
Civil Procedure Code, 1908, Order 21, Rule 105, 106 -- Execution - Restoration - Execution petition dismissed in default can be restored U.O.21.R.106 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 105, 106 -- Execution - Restoration - Execution petition dismissed in default can be ordered to be restored - Contention that petition was dismissed and not dismissed in default - Order dismissing petition on the ground that non turned up on behalf of D.H. or J.D. - Order passed without prejudice to the right of D.H. or any other..........
Northern India Canal and Drainage Act, 1873, Section 30FF -- Canal water - Demolition of khal - Superintending Engineer (Canal) reversing the order of Divisional Canal Officer by holding that restoration of khal demolished by petitioner was justified - Order was passed after spot inspection with the observations that fields of both parties could be irrigated from the khal..........
