Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 106, Civil Procedure Code, 1908, Order 9 -- Objection Petition U.O.21.R.58 dismissed for default - Restoration - The express provision contained in Rule 106 of Order 21 excludes the operation of order 9 & S.151 - Aggrieved party whose application under order 21 rule 58 has been dismissed for default or against..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 58 -- Constructive res judicata - Objection petition under order 21 rule 58 dismissed for default - Not final decision of the Court after hearing the parties - Does not operate as constructive res judicata against the subsequent application filed under order 21 rule 58 on identical grounds...........
Criminal Procedure Code, 1973, Section 125(4), 125(5), Civil Procedure Code, 1908, Section 11 -- Maintenance to wife granted - objections by husband u/s.25(4) and a separate petition u/s.125(5) Cr.P.C. - both the objections dismissed on the ground that an earlier suit filed by husband for dissolution of marriage on ground that wife was living in adultery was dismissed for..........
Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Cross objections - Appeal withdrawn or dismissed for default - Does not render cross objections incompetent - cross objections have to be decided...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A, Civil Procedure Code, 1908, Order 9 -- Petition under order 39 rule 2-A dismissed for default - restoration - in absence of a specific provision jurisdiction under section 151 CPC can be exercised...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A, Civil Procedure Code, 1908, Order 9 -- Petition under order S9 rule 2 - A dismissed for default - restoration - on the day the dismissal for default order was passed even the opposite side was not present - petition restored...........
Civil Procedure Code, 1908, Order 9, Rule 4, 8 -- Suit dismissed for non appearance of plaintiff - restoration application filed on the very next day - Held, even if the application fails to prove the assertions made in the application the Court should restore the suit on payment of heavy costs especially when the application for restoration was filed on the very next day..........
Limitation Act, 1963, Article 137, Land Acquisition Act, 1894, Section 18, 53 -- Restoration of reference under Section 18 dismissed in default - Period of limitation - 3 years under Article 137 Limitation Act...........
Land Acquisition Act, 1894, Section 18, 53 -- Non appearance of claimant - Reference under Section 18 cannot be dismissed in default - Duty of Court to decide reference on merits...........
Civil Procedure Code, 1908, Order 9, Rule 3, 9 -- The case fixed for 16.9.1986 which was declared as a holiday - case listed on 17.9.1986 - on 17.9.1986 as no onepresent as such the petition dismissed in default - Held that on 17.9.1986 the case was listed only for orders and not for hearing as such the court has exceeded his jurisdiction in dismissing the case in default..........
