Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 3, , Section 151, Limitation Act, 1963, Article 122 -- Compromise - Suit dismissed as withdrawn - Restoration of suit - Dismissal of suit as withdrawn is akin to dismissal of suit for want of prosecution - Limitation for filing application for restoration of such suit is 30 days...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of application U.O.21.R.58 CPC - Dismissal in default - Sufficient cause was shown for non-appearance when the suit was called for hearing - Appellant has been in fact penalized for her previous conduct - Lenient view in such matter in favour of opportunity of hearing to do complete justice deserves to be taken -..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-appearance of counsel cannot be said to be unintentional or bonafide - Said fact is substantiated from the fact that no affidavit of counsel has been annexed with the application - It shows that plaintiff did not instruct his counsel and hence, counsel was left with..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-appearance of counsel cannot be said to be unintentional or bonafide - Said fact is substantiated from the fact that no affidavit of counsel has been annexed with the application - It shows that plaintiff did not instruct his counsel and hence, counsel was left with..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Dismissal of suit on account of default should fall in the category of exceptions - Courts are expected to decide the litigation after examining evidence led by parties on merits...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Plaintiff suffered an order of dismissal, as his counsel has noted wrong date of hearing in his diary - Litigant cannot be made to suffer on account of negligence or lapse on the part of his advocate - Sufficient cause shown by plaintiff..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 11 -- Dismissal of suit in default - Bar of subsequent suit - Plaintiff is bona fide purchaser of property in dispute having no knowledge of filing of earlier suit by erstwhile owner - She was not party in earlier suit which was dismissed in default - Present suit was filed for eviction..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Partition suit - Plaintiffs have assigned a reasonable cause that due to having talks of compromise between parties and being out of city, they could not appear for their evidence - Application for restoration was well within limitation from date of having knowledge of dismissal of..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Dismissal of suit in default for the third time - Utter laxity in pursing the litigation manifest - In such circumstances, it is not open to casually blame Advocate and seek restoration of suit which has not progressed even a step further i.e to the stage of trial - Restoration application rightly..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Dismissal of suit in default - Delay of 693 days in filing restoration application - Suit is of the year 2014 - Delay caused due to engagement of plaintiff elsewhere - However, plaintiff remitted a huge amount as Court fees - This will show that plaintiff is desirous to contest suit and get decree on..........
