Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A, Civil Procedure Code, 1908, Order 9 -- Petition under order 39 rule 2-A dismissed for default - restoration - in absence of a specific provision jurisdiction under section 151 CPC can be exercised...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A, Civil Procedure Code, 1908, Order 9 -- Petition under order S9 rule 2 - A dismissed for default - restoration - on the day the dismissal for default order was passed even the opposite side was not present - petition restored...........
Civil Procedure Code, 1908, Order 9, Rule 4, 8 -- Suit dismissed for non appearance of plaintiff - restoration application filed on the very next day - Held, even if the application fails to prove the assertions made in the application the Court should restore the suit on payment of heavy costs especially when the application for restoration was filed on the very next day..........
Limitation Act, 1963, Article 137, Land Acquisition Act, 1894, Section 18, 53 -- Restoration of reference under Section 18 dismissed in default - Period of limitation - 3 years under Article 137 Limitation Act...........
Land Acquisition Act, 1894, Section 18, 53 -- Non appearance of claimant - Reference under Section 18 cannot be dismissed in default - Duty of Court to decide reference on merits...........
Criminal Procedure Code, 1973, Section 125 -- Non payment of maintenance allowance - Attachment warrant and imprisonment - Magistrate is empowered to exercise both the powers to the exclusion of each other as well as simultaneously - Imprisonment can be ordered for one month for each months - default or default for any part of each month - Magistrate ordered 6 months..........
Punjab Security of Land Tenures Act, 1953, Section 9(1)(ii) -- Material point at which default to be seen - Date of filing ejectment applicatio, Not date of decision of ejectment application - Plea that order of ejectment illegal since at the time of passing ejectment order no amount due and payments of amounts due had been made prior to that - Not tenable - On the date of..........
Civil Procedure Code, 1908, Order 9, Rule 3, 9 -- The case fixed for 16.9.1986 which was declared as a holiday - case listed on 17.9.1986 - on 17.9.1986 as no onepresent as such the petition dismissed in default - Held that on 17.9.1986 the case was listed only for orders and not for hearing as such the court has exceeded his jurisdiction in dismissing the case in default..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex-parte proceedings, setting aside of-Normally ex-parte proceedings should be set aside unless there is contumacious default - A party should not be denied hearing on merits even if there is some negligence on his part to appear on any particular date...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Suit for possession dismissed for default of appearance - Application fur restoration filed within time - Suit should be restored without recording any evidence on payment of costs, if any - Unnecessary to frame issues and to record evidence which unnecessarily consumes public time...........
