Civil Procedure Code, 1908, Order 9, Rule 3 -- Restoration of suit dismissed in default - Typographic error in application regarding date of dismissal of suit in default - Party should not suffer because of any mistake in typing - Suit restored and plaintiff granted one more effective opportunity to produce his entire evidence at his own responsibility preferably on the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal in default - Revisional Court restored the complaint without giving opportunity to accused - Court in exercise of revisional powers cannot pass any orders to the prejudice of an accused unless he has got an opportunity of being heard - Impugned order set aside - Matter remitted for decision..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Dismissal of suit in default - Until the suit/appeal is re-admitted or an appeal is admitted after condoning the delay, the lis cannot be said to be pending...........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Dismissal in default - Remedy to recall order is available U.O.21.R.106 - However, it does not mean that D.H. has no right to apply afresh if time permits - It is settled law that if two remedies are available, a party can choose anyone of them...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 106 -- Execution - Dismissal in default without going into merits - Subsequent application filed within time - Held, dismissal of first execution application in default without adjudicating any rights of the parties does not operate as res judicata...........
Civil Procedure Code, 1908, Section 11 -- Dismissal of suit for default - Applicability of principle of Res judicata - Held, when suit is dismissed for default it will never operate as res judicata because none of the issues raised by the parties was decided in the suit...........
Civil Procedure Code, 1908, Order 9, Rule 3, 4 -- Suit for permanent injunction - Neither party present - Dismissal for default - Restoration - Requirement of issuance of notice - Held, where a suit has been dismissed because neither party has appeared when case was called for hearing, the order may be set aside without notice - In present case dismissal was in absence of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal in default - Validity - Examination-in-chief of DW1 was yet to be completed - Case was not fixed for cross-examination of DW1 - Held, Magistrate could easily record examination-in-chief for which presence of complainant was not necessary..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Complaints dismissed in default resulting in acquittal of accused - Condonation of delay applications filed by Petitioner/Corporation after lapse of 620 days - Reasons sighted were failure of counsel to give intimation about status of cases, disputes regarding fees payable to counsel, and bifurcation..........
Civil Procedure Code, 1908, Order 9, Rule 9, Motor Vehicles Act, 1988, Section 166 -- Fatal motor accident - Restoration of claim petition - Advocate, who was pursuing claim petition never told claimants that their first claim petition had been dismissed in default and second claim petition had been instituted on their behalf - Second claim petition was dismissed as not..........
