Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Restoration of suit - Dismissal of application - Order is appealable...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Court fee - Restoration of plaint rejected U.O.7.R.11 CPC by exercise of inherent power - Held, Court can order restoration of suit by exercise of its inherent power when remedy of appeal is also available...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Restoration of possession - Dispossession during pendency of suit - Suit for declaration - Ad interim injunction order passed restraining from transferring, alienating or encumbering the suit property - Documentary and oral evidence has to be produced to prove possession at the relevant time - Though oral..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Violation of injunction order - Restoration of possession - Party to suit in utter violation of injunction order dispossess the other - Court can order restoration of possession to party wronged...........
Civil Procedure Code, 1908, Order 39, Rule 2 -- Restoration of water course - Application filed before Sub-Divisional Canal Officer (SDCO) for restoration of water course - Rejected, holding that there was no water course and land of applicants properly irrigated by water course running at site - Appeal before Divisional Canal Officer (DCO) allowed - Demolished water..........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Consequences of death of one of the legal representative of original plaintiff, pending application for restoration of suit that stood dismissed - Original plaintiff died during pendency of suit - Legal Representatives impleaded - Suit dismissed in default - Application for restoration - One of the Legal Representative died -..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Restoration of suit dismissed for default - Rejection - Appeal there against is maintainable - No distinction has been made between rejection of application for restoration on merits or rejection thereof for default - Even if an application U.O.9.R.9 is dismissed/rejected for..........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Second execution application - Suit for possession decreed - Execution filed - Dismissed in default - Second execution application filed without restoration of the earlier application - Second application filed within limitation prescribed under Article 136 of Limitation Act - Second application maintainable - Limitation Act..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 32, Rule 7 -- Minor - Withdrawal of suit on his behalf - Leave to withdraw suit should be accompanied by affidavit of next friend that proposed compromise in his opinion is for the benefit of minor - Application not accompanied by affidavit - No material on record to show that withdrawal of..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - If application is filed within limitation Court should dispense with leading of evidence by production of witnesses - In case evidence is required in certain cases then Court should adopt summary procedure by directing parties to file affidavits and counter affidavits of parties and their witnesses...........
