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 7, Rule 11 -- Rejection of plaint - Want of compliance with the mandatory provision of S.109 of Rajasthan Panchayati Raj Act, 1994 - Dismissal of suit, upheld...........
Civil Procedure Code, 1908, Section 152 -- Dismissal of suit as withdrawn - Recalling of order - Petitioner maintains that settlement was arrived and consequently a consent decree was to be passed, but, based on their representations and good faith, he had withdrawn the aforesaid suit U.O.37 of CPC - In settlement recorded by Mediator, it was not specifically mentioned as..........
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..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Dismissal of suit for no, prosecution - Restoration application - Condonation of delay - On 20.09.1999, Civil Court in absence of plaintiff as well as his advocate, dismissed suit for non prosecution - From 20.09.1999 the original plaintiff did not do anything till he passed away on 09.06.2004..........
Civil Procedure Code, 1908, Order 1, Rule 9, 13, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Non-joinder of necessary parties - There was no issue of no, joinder of necessary parties - Point was not raised at the time of trial and no issue was framed thereof - Held, First appellate court would not consider it as a ground for dismissal of the judgment..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Dismissal of suit for default - Order was not challenged by petitioner before any forum - Same became final - Order of dismissal of suit is thus an order U.O.9.R.8 CPC - Filing of second suit on same subject matter - Held, O.9.R.9 clearly bars filing of second suit with regard to the same subject matter - Second suit not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Dismissal of suit - Validity - Held, if a case comes within the purview of O.7.R.11 CPC only the plaint is liable to be rejected and suit itself cannot be dismissed on that account...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit has to be evaluated on the basis of pleadings of the plaintiff without anything more - A bare look at the pleadings indicate that pleadings as made did not occasion the dismissal of the suit - Plea that transaction in 1960 was contrary to S.23 of Contract Act is an argument..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Plaint - Amendment - Suit for specific performance - Amendment to add the relief for compensation in the alternative - Plaintiff already claimed compensation in lieu of specific performance - Dismissal of application - Upheld...........
