Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 9, Rule 8 -- Execution - Claim petition - Dismissal in default - Fresh petition is not maintainable when claim petition is dismissed in default as O.9.R.8 CPC is applicable to a claim petition...........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Dismissal of appeal for appellant's default - If appellant does not appear, Court may, if thinks fit, dismiss the appeal for default but it has no power to dismiss the appeal on merits...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 394, 34 -- Appeal - Dismissal for non prosecution - No criminal appeal can be dismissed on ground of default in appearance - Court has to go through record of case even in absence of appellants or his counsel and decide the matter on merit - Order of dismissal quashed - Appeal remanded to be..........
Agreement to sell -- Specific performance - Ready and willing - Deposit of balance sale consideration in Court - Order to deposit was to balance the equities arising from restraining defendants from dealing with their property - Even if plaintiff failed to deposit, the only consequence thereof has to be vacation of stay and not dismissal of suit for specific performance -..........
Civil Procedure Code, 1908, Order 9, Rule 8, Civil Procedure Code, 1908, Order 17, Rule 2 -- Dismissal in default - In absence of plaintiff and his counsel, and in absence of any evidence by parties, Court ought to have dismissed suit in default U.O.9.R.8 CPC with reference to O.17.R.2 CPC and not on merits...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal for default - Acquittal - Validity - Explanation offered by appellant that his advocate could not remain present as he inadvertently forget to post next date of hearing in his diary, leading to further defaults on four occasions, appears..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default - Bar of subsequent suit - Divorce Petition - Fresh petition on the same cause of action as the previous petition - Fresh petition not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Restoration - Wrong noting of date by counsel - Affidavit of counsel is sufficient - Counsel is not expected to place on record the copy of his case diary or the photocopy of brief - Petition restored...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for default - Validity - Appellant was not present in second sitting and did not appear till 5:45 P.M. - When appellant had gone in search of his advocate, it was not possible for him to remain present in second sitting - Held, matter could have been adjourned to another day -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Non-payment of arrears of rent - Proof - Eviction sought on ground of default in payment of rent from 01.03.1991 to 31.12.1996 - Rent was stated to be Rs.400/- P.M. - In reply tenant stated that there had been no default at all in payment of rent and his wife herself had received rent - Tenant relied on..........
