Civil Procedure Code, 1908, Order 21, Rule 105(2), Limitation Act, 1963, Section 5 -- Execution petition - Dismissed in default - Restoration - Applicability of S.5 of limitation Act - S.5 of Limitation Act is not applicable to any of provision U.O.21 CPC, in view of phrase `other than application under any of provision of O.21 CPC' used in S.5 of Limitation Act -..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution petition - Dismissed in default - Restoration - Execution petition was not listed for hearing but for report on warrant issued to petitioners - Provisions of O.21.R.106 CPC are not attracted - Dismissal in default therefore, could not have been U.O.21.R.105 CPC - Restoration rightly done invoking..........
Civil Procedure Code, 1908, Section 151 -- Execution - Restoration of petition dismissed in default - Application for restoration of Execution Case was earlier allowed by a speaking order and case was posted for appearance of non-applicants - However, application for restoration was again considered and rejected and there was also an observation made by execution Court..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Restoration of application U.O.21.R.97 CPC dismissed in default - Application filed on the pretext that counsel was ailing - No evidence, as such, placed on record in support of their contention - It cannot be ruled out that recourse to application U.O.21.R.97 CPC was adopted to install execution proceedings..........
Civil Procedure Code, 1908, Section 151 -- Execution - Dismissed in default - Restoration - Execution petition was adjourned time and again for Commissioner's report - Court dismissed execution petition as DH is not ready - It is thus, clear that dismissal is not U.O.21.R.105(2) CPC i.e. a dismissal for non appearance of petitioner - Application filed u/s 151 CPC for..........
Civil Procedure Code, 1908, Order 21, Rule 106(3) -- Execution petition - Dismissed in default - Restoration - Limitation - 30 days - Starting point of limitation is date of said order and not from date of acquiring knowledge about dismissal of execution petition...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Execution - Objections - Dismissal in default - Restoration - Objections remained pending for two years and on date counsel appearing on behalf of petitioner failed to appear and objections dismissed for no, prosecution - Interest of party should not suffer for misdemeanor or inaction of his counsel as petitioner is sanguine..........
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 5 -- Restoration of second appeal - Condonation of delay - Second appeal transferred to another Court got dismissed for default - Applicants in delay condonation application have categorically stated that no notice of transfer were sent to them - Held, there is just reason for no, appearance in Court on..........
Civil Procedure Code, 1908, Order 21, Rule 105, 106 -- Execution - Restoration - Execution petition dismissed in default can be restored U.O.21.R.106 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 105, 106 -- Execution - Restoration - Execution petition dismissed in default can be ordered to be restored - Contention that petition was dismissed and not dismissed in default - Order dismissing petition on the ground that non turned up on behalf of D.H. or J.D. - Order passed without prejudice to the right of D.H. or any other..........
