Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Restoration of suit dismissed in default - Non revealing of source of information regarding dismissal of suit - A litigant who does not state exact date of knowledge and source of knowledge regarding passing of an order, and in cases where there is no other material found from record to arrive at a conclusion regarding..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Plaintiff is not disclosing his source of information and date of knowledge about impugned order from whom he found that suit is dismissed for default - Therefore, Court can draw an inference that plaintiffs had knowledge..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Plaintiff not present - If plaintiff or his counsel not present suit can only be dismissed for non prosecution and cannot be decided on merits...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Restoration of suit dismissed for default - Default in appearance took place due to inadvertent mistake on the part of counsel of plaintiff and not a deliberate mistake - Said default has been justified by giving cogent reasons - Bona fides of plaintiff are borne out from the fact that he had deposited heavy Court fee and..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Defendant appeared but plaintiff did not appear - Suit should be dismissed instead of proceeding further or to give any opportunity to the defendants to lead their evidence...........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Defendant appeared but plaintiff did not appear - Suit of plaintiff to be treated dismissed as per O.9.R.8 CPC - Court below committed material irregularity in recording statement of defendants and deciding case on merits - Suit dismissed under provision of O.9.R.8 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 8, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Restoration of suit dismissed in default - Defendant duly represented and it was plaintiff who did not appear - Order of dismissal of suit is U.O.9.R.8 CPC - Rejection of application for restoration of suit is covered U.O.43.R.1(c) CPC - Factual mistake committed by lower..........
Family Courts Act, 1984, Section 10, 19, Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 8 -- Divorce - Dismissal in default - Restoration - Application U.O.9.R.8 CPC for restoration of suit is maintainable - An appeal u/s 19(1) of Family Courts Act is also maintainable as it also come within the purview of judgment or order...........
Civil Procedure Code, 1908, Order 17, Rule 2, Civil Procedure Code, 1908, Order 9, Rule 8 -- Suit dismissed U.O.9.R.8 CPC - Neither party appeared - Case fixed for evidence/cross-examination of PW1 - Both parties were absent on date so fixed after giving last opportunity - In such situation, Court has no option but to proceed as per O.17.R.2 CPC for dismissal of suit -..........
Civil Procedure Code, 1908, Order 6, Rule 18, Civil Procedure Code, 1908, Order 9, Rule 8 -- Order allowing impleadment of a party - Memo of parties not amended as directed by Court - Plaintiff absent - Suit dismissed - Non consideration of counter claim of third party - No prejudice caused to third party if their counter claim is not adjudicated in absence of plaintiff..........
