Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 9, Rule 4 -- Application U.O.9.R.13 CPC - Dismissal in default - Appeal thereagainst not maintainable - Proper remedy available is to file an application U.O.9.R.4 CPC for restoration of application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit - Notice to defendant - It is necessary for Court to issue notice to defendants when application is filed for restoration of suit and after hearing them to pass necessary orders on application for restoration petition...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal of suit U.O.9.R.4 CPC - Plaintiff has both the remedies of filing of fresh suit or application for restoration of suit in case of dismissal of suit U.O.9.R.4 CPC - However, if he chooses one remedy, he is not debarred from availing himself of other remedy - Both these remedies are simultaneous and would not exclude..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Suit dismissed at the initial stage on the ground that Court fee was not deposited - Sufficient ground is made out for condonation of delay - Suit was not admitted as yet - There is thus, no need for issuing notice..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, 8, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dismissal in default for non appearance of both the parties - Restoration - Application for restoration of petition for divorce by mutual consent should have been filed by both the parties jointly and restoration application filed by appellant..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed in default - Mother of counsel for the plaintiff passed away due to illness and he also met with an accident and therefore he was unable to attend Court proceedings - Lenient approach should be adopted taking into submissions made by parties - One more opportunity is thus, granted to..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte ad interim order passed despite filing caveat - Ex parte ad interim order rightly set aside...........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 39, Rule 2A -- Application U.O.39.R.2-A - Dismissal in default - Restoration - Revision against - Once trial court comes to conclusion that proceedings were liable to be restored back, unless gross illegality is pointed out in exercise of discretion, jurisdiction u/s 115 CPC cannot be invoked..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 4 -- Condonation of delay - Delay of more than 9 years in filing application for restoration of suit dismissed U.O.9.R.3 CPC - Plea of immobility of predecessor-in-interest due to paralytic attack - However, they were regularly visiting Courts upto 1999 - Medical certificates produced by petitioners..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed in default - Mere fact that suit was restored earlier on couple of occasions and suit remained pending for last 28 years, itself is no ground to reject restoration application, as application cannot be dismissed on past conduct of applicant - Application ought to have been exclusively..........
