Redemption of Mortgages (Punjab) Act, 1913, Section 4, 6, 12, Civil Procedure Code, 1908, Order 34, Rule 7 -- Application for redemption filed before Collector - Dismissed in default - Application for restoration also dismissed - Civil suit for redemption filed after one year of the date of order of Collector - Held, application for redemption was dismissed by Collector in..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Plot allotment - Surrender of plot - Refund of deposited amount accepted on 25.8.2003 - Complaint for restoration of plot filed on 19.12.12005 without any application for condonation of delay - The complaint was liable to be dismissed on ground of limitation alone...........
Plot allotment -- Surrender of plot - Restoration of plot - Request for - Frivolous complaint - Request made by the complainant for surrender of plot was that he was in need of money - OP has rightly denied re - allotment of plot to the complainant and were right in deducting 10% of the tentative price of the plot as per HUDA policy - Impugned order passed by the District..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn - Defendant playing fraud in getting the suit dismissed as withdrawn has no locus to object to the restoration of the suit...........
Civil Procedure Code, 1908, Section 115, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn - Fraud played by defendant in getting suit dismissed as withdrawn - Such defendant is not entitled to invoke discretionary jurisdiction of High Court u/s 115 C.P.C...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122 -- Application U.O.9.R.13 CPC dismissed in default - Restoration of restoration application - Such an application is not covered under Art.122 Limitation Act...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Application U.O.9.R.9 CPC dismissed in default - Restoration of restoration application - Advocate did not appear without intimating the party which resulted in dismissal - A litigant cannot be made to suffer due to the fault of his Advocate - Appellant filed his affidavit and in his oral deposition explained the reason for..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed in default - Restoration - Sufficient cause - Suit dismissed in default at the stage of final arguments - Negligence of counsel - Parties cannot be deprived of their legal rights - It is expedient that the matter is decided on merits, rather it goes in default as substantial rights of parties are involved - Suit..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Serious illness of elder brother who died on the following day when the appeal was fixed for hearing - Also wife of appellant met with an accident due to which he was busy in attending her for almost one and half months - Held, explanation for non appearance and delay, the..........
Criminal Procedure Code, 1973, Section 401, 482, 362 -- Revision Petition - Prayer for discharge in cheating case was rejected by trial court - Revision thereagainst - Revision petition dismissed for no, appearance of petitioner - Revision petitioner filed restoration application - Application dismissed by holding that such application would amount to review - Held,..........
