Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Application pending before First Appellate Court since 2019, yet no decision has been rendered till date - Appeal has been adjourned from time to time merely on the ground that arguments are not being addressed, resulting in undue delay and prejudice to petitioners - Inaction of appellate Court for such..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Reasons given by appellant for her non-appearance and delay are bona fide and constitute sufficient cause - Trial Court has erred in rejecting restoration application on technical grounds, thereby depriving appellant of an..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Legal test for purposes of rejection of plaint and for adjudication of interim relief can be culled out as follows : (i) S.12-A of Commercial Courts Act mandatorily requires pre-institution mediation for commercial suits, non-compliance of which..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Non-compliance of S.12-A of Commercial Courts Act - Subject matter of suit is continuing infringement to intellectual property - In actions alleging continuing infringement of intellectual property rights, urgency must be assessed in the context of ongoing injury..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after a delay of 7 years from filing of written statement - No new fact is going to be pleaded and amendment if allowed would not change the nature of defence raised by defendant - Application allowed subject to payment of costs of Rs.30,000/-...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Filing of memo of appeal without an application for condonation of delay is not fatal - Defect if any, can be cured by filing subsequent application for condonation of delay...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Purpose and requirement of filing an application U.O.41.R.3A CPC along with a time barred appeal is mandatory in the sense that appellant cannot without such an application being decided insist upon Court to hear his time barred appeal - However, no penalty of rejection or dismissal of a time..........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Application for condoning delay can be filed subsequent to filing of memo of appeal...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Signature on summons not denied - Delay of 251 days in filing application for setting aside ex parte decree - Dismissal of application for not giving sufficient reasons - One opportunity must be given to petitioner to put forth his grievances before Court below - Ex-parte decree set aside..........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay in filing appeal - Unless and until, delay in filing an appeal is condoned, appeal cannot be decided on its merits...........
