Civil Procedure Code, 1908, Order 22, Rule 2, 4 -- Several defendants - Suit for injunction simpliciter based on common cause of action - On death of one of the defendants plaintiff not required to bring his legal representatives on record as right to sue would survive against other defendants - Dismissal of entire suit as abated in such case not warranted...........
Civil Procedure Code, 1908, Order 9, Rule 3 -- Dismissal for default - Miscellaneous application fixed and the suit not listed for hearing - Only the application can be dismissed and not the suit as well - Suit can still proceed even after the interim applications are dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Dismissal for default - Restoration - Bonafide mistake on the part of counsel not to appear and circumstances ex-plained do not amount to deliberate action or negligence on the part of the counsel - Suit restored...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal for default in early part of day - Restoration - Application filed on the same day - Application to restore case moved on same day should be allowed when no mala fide is attributed to applicant...........
Civil Procedure Code, 1908, Order 7, Rule 11, 13 -- Plaint rejected U.O.7.R.11 CPC at the stage of arguments and after recording of evidence - Dismissal of suit is not on merits - Subsequent suit based on same cause of action is maintainable and principle of res judicata not applicable...........
Civil Procedure Code, 1908, Order 9, Rule 7, 8, 9, 10, 11, 12, 13 -- Dismissal for default - Liberal view should be taken - Held, litigating public should not suffer for the default of the advocate...........
Civil Procedure Code, 1908, Order 9, Rule 9, 8, 11 -- Rr.14, 21 - Non compliance of directions U.O.11.R.14 - Suit dismissed - Plaintiff not present when suit was called out - Dismissal is U.O.9 R.8 - Application U.O.9 R.9 is maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 11(1) -- First Appeal - Court has power to dismiss summarily - However, that power should be exercised only in a fit case, and where that course is adopted, reasons must be stated so that in further appeal, the court may know the reasons for the dismissal...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application to set aside exparte decree filed subsequent to dismissal of revision u/s.25 of Provincial Small Cause Courts Act against decree - Application is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree passed by Small Cause Courts Act - Defendant preferred revision which was dismissed in default- Defendant then filed an application U.O.9 R.13 for setting aside the exparte decree - Application filed subsequent to the dismissal of revision does not lie...........
