Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed on failure to furnish correct/complete addresses of defendants - Order dismissing suit passed U.O.9.R.2 CPC - Application for restoration of suit is maintainable U.O.9.R.4 r/w S.151 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - Court not at all impressed by the grounds set forth by plaintiff for restoration of suit - Delay in filing application not sufficient explained - However, since plaintiff is a Govt. company and that restoration of suit will not automatically amount to passing of a decree so as to..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Power of Court - Court has power to set aside dismissal and shall appoint a day for proceeding with the suit the moment Court satisfies about sufficient cause shown by plaintiff...........
Civil Procedure Code, 1908, Order 37, Rule 4, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree in summary suit and ex parte decree in ordinary suit - Distinction - Grounds required for setting aside ex parte decree passed in an ordinary suit and in a summary suit are different - To set aside an ex parte decree in a summary suit, special circumstances will..........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay of 513 days - Plea of illness and non intimation of dismissal by counsel - Said plea not substantiated by plaintiff - Even delay of 513 days in approaching Court not explained by plaintiff - Application for restoration of suit..........
Civil Procedure Code, 1908, Order 22, Rule 4(2), Civil Procedure Code, 1908, Order 9, Rule 7 -- Death of defendant - Ex parte hearing against LRs of deceased defendant - LRs failed to file additional written statement - Suit cannot be set for ex parte hearing against such LRs, as they may choose to adopt written statement filed by original defendant...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 22, Rule 4 -- Ex parte decree - Setting aside - Death of sole defendant during pendency of suit - Notice of application U.O.22.R.4 served on L.R's but they did not appear - Court instead of adopting the correct procedure to accept the application U.O.22.R.4 CPC, take the legal representatives..........
Civil Procedure Code, 1908, Order 9, Rule 4, 6 -- Ex parte proceedings - Setting aside - Brother contesting the suit - No explanation as to how petitioner remained oblivious of the proceedings despite the fact that her brother was contesting the same - Application filed only to delay the proceedings - Order allowing petitioner to join the proceedings at the stage at which..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte order - Setting aside - Suit for specific performance - Defendant proceeded ex parte on 4.4.2013 and application to set aside ex parte order filed on 17.1.2015 - Numerous opportunities taken by plaintiff to file reply to the application - After filing of reply case adjourned thrice for arguments - By virtue of the..........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration and delay condonation application - Both the applications can be heard simultaneously but restoration application cannot be allowed without delay being condoned...........
