Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Eviction suit - Delay in question cannot be held to be fatal or prolonged - There was a slight delay, which has been satisfactorily explained by plaintiffs - Important questions of law and facts are involved in the suit and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Proposed amendment regarding subsequent sale after passing of ex parte decree and before ex parte decree was set aside - Amendment was sought immediately after restoration of suit - It cannot be said that there was absence of due diligence or any gross delay - Even..........
Civil Procedure Code, 1908, Section 24 -- Transfer of restoration case - Applicant/husband sought transfer of restoration proceeding filed by wife that emerged pursuant to ex-parte decree passed in suit for divorce filed by husband himself at Gonda and wife although being a lady, has not expressed any inconvenience in pursuing said proceeding at Gonda rather vehemently..........
Civil Procedure Code, 1908, Section 151 -- Restoration of suit dismissed as withdrawn - Suit was withdrawn with liberty to file afresh suit due to wrong advice of previous counsel as well as lack of legal knowledge of plaintiff - Plaintiff was not aware that she will have to deposit Court fee again if suit is to be filed afresh - Since counter claim filed by defendant in..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration was filed within time stipulated by law - There was no delay on the part of petitioner to apply for restoration of suit - Reasons for default in appearance of petitioner were mainly due to fault of his lawyer - It would not be proper to make..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn - Application U.O.9.R.9 CPC is not maintainable for restoration of such suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Condonation of delay - Delay of 1-1/2 years in filing application for restoration - However, delay in filing application is well explained even though application is not supported with an affidavit of law officer concerned - Moreover, property in question is worth crores..........
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, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration of suit allowed by trial Court subject to payment of costs by plaintiff - Costs paid - Trial Court committed error by recording a finding that suit cannot be restored, as plaintiff failed to pay costs - Order of trial Court set aside - Suit restored...........
