Civil Procedure Code, 1908, Order 9, Rule 9 -- Declaration and permanent injunction suit - Dismissed for default - Restoration application moved - Dismissed - No malafide intentions attributed to the plaintiff - Order of dismissal of application not proper - Ordered to be set aside...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 14, Civil Procedure Code, 1908, Order 9, Rule 9 -- Eviction petition - Ground of personal necessity - Ground of personal necessity duly proved but petition dismissed on the ground that earlier a similar petition was filed which was dismissed for default - Held, dismissal for default of earlier petition does not bar..........
Criminal Procedure Code, 1973, Section 256 -- Complaint - Dismissal of complaint in default - Magistrate has no power to review/recall such order of dismissal - However, revisional/appellate Court or High Court in exercise of its power u/s 482 Cr.P.C. can set aside such order, if complainant explains his non appearance on the particular day or convinces Court that..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3, Civil Procedure Code, 1908, Order 9, Rule 8 -- Suit - Dismissal for default - Both the parties present - Presence recorded also - Dismissal on the ground of rejection of application for adjournment - Not permitted to be dismissed for default - Course advisable for court - To decide the suit henceforth...........
Civil Procedure Code, 1908, Order 9, Rule 9, 8, Civil Procedure Code, 1908, Order 2, Rule 2 -- Dismissal of suit in default - Subsequent suit on same cause of action is barred - Same cause of action includes a cause of action which could have been included but plaintiff omitted to do so - In other words, a suit which is barred in terms of O.2.R.2 CPC would also be barred..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Application is not maintainable when an appeal against ex parte decree is dismissed may be on ground of limitation or dismissal for default - By virtue of explanation disposal of appeal on any ground whatever, apart from its withdrawal, constitutes sufficient reason for bringing the ban into..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Explanation - Exparte decree - Setting aside - Application is not maintainable when an appeal against ex parte decree is dismissed may be on ground of limitation or dismissal for default - By virtue of explanation disposal of appeal on any ground whatever, apart from its withdrawal, constitutes sufficient reason for bringing..........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Order dismissing appeal on merits in the absence of appellant - Or dismissal of appeal for default - Word `may' in R.17(1) - Leaves discretion to Court to pass order other than dismissed on merits - Court can adjourn case - Appellate Court considering matter on merits even when appellant not present and dismissing the..........
Motor Vehicles Act, 1988, Section 166 -- Two claim petitions on the same cause of action - One petition dismissed for default - Such dismissal cannot by itself be a ground for dismissal of the other claim petition...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interlocutory orders - Restoration of suit dismissed for default - Interlocutory orders passed before dismissal of suit revive when dismissal is set aside and suit is restored unless Court expressly or by implication excludes the operation of interlocutory orders passed during period between dismissal of suit..........
