Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Interlocutory orders - (i) On dismissal of suit for default all interim orders stand terminated unless Court by express order or by necessary implication specify that any order will continue; (ii) On restoration of suit dismissed in default, with notice to the opposite party, all..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Suit restored subject to payment of costs - Non payment of costs - Consequently application for restoration stood dismissed - Dismissal of restoration application was only for non payment of costs - Court could have granted extension of time for payment of cost - Suit restored subject..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay - Condonation - Delay of 28 days - Ground of ill-health - Dismissal of application U.O.9.R.9 CPC bars institution of fresh suit - However, if application itself contains sufficiency of reasons for condonation of delay then there is no necessity..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after delay of 18 months - Appellant was aware about dismissal of suit still he knowingly failed to file application for restoration within prescribed period - Application rightly rejected...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Condonation of delay - Delay of 1085 days - Suit for permanent injunction and mandatory injunction - Petition was returned for some rectification - But due to bundle was misplaced in Advocate`s office there was a delay of 1085 days occurred in..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default - Bar of subsequent suit - Suit for partition - Cause of action for filing present suit distinct from cause of action for filing earlier suit - Subsequent suit filed only with regard to one of the joint family properties that came to be purchased by the predecessor of the appellant - Held, dismissal of..........
Civil Procedure Code, 1908, Order 43, Rule 1(c), Civil Procedure Code, 1908, Order 9, Rule 9 -- Appeal - Order setting aside dismissal of suit for default - Order is not appealable...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Dismissal in default - No other factor except sufficient cause for non appearance is relevant for consideration of application U.O.9.R.9 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Dismissal in default - Past conduct of a party may be relevant factor alongwith cause of absence for considering application U.O.9.R.9 CPC, but no, payment of cost imposed on past would not debar the party from moving restoration application or its consideration on merits...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Long time consumed by plaintiff in producing his evidence - Not a ground for dismissal of application for condonation of delay and restoration of suit...........
