Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration was filed within time stipulated by law - There was no delay on the part of petitioner to apply for restoration of suit - Reasons for default in appearance of petitioner were mainly due to fault of his lawyer - It would not be proper to make..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn - Application U.O.9.R.9 CPC is not maintainable for restoration of such suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Condonation of delay - Delay of 1-1/2 years in filing application for restoration - However, delay in filing application is well explained even though application is not supported with an affidavit of law officer concerned - Moreover, property in question is worth crores..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit - Notice to defendant - It is necessary for Court to issue notice to defendants when application is filed for restoration of suit and after hearing them to pass necessary orders on application for restoration petition...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal of suit U.O.9.R.4 CPC - Plaintiff has both the remedies of filing of fresh suit or application for restoration of suit in case of dismissal of suit U.O.9.R.4 CPC - However, if he chooses one remedy, he is not debarred from availing himself of other remedy - Both these remedies are simultaneous and would not exclude..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration of suit allowed by trial Court subject to payment of costs by plaintiff - Costs paid - Trial Court committed error by recording a finding that suit cannot be restored, as plaintiff failed to pay costs - Order of trial Court set aside - Suit restored...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit land is joint and defendant was trying to usurp best portion of same without getting it partitioned as per plaintiff - However, defendant has raised a specific plea that suit land stood partitioned and partition had been implemented - Appeal filed against order of partition was dismissed in..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 9 -- Rejection of petition filed u/s 9 of Hindu Marriage Act - Ex parte divorce decree passed against wife - However, wife already filed an application to set aside said ex parte decree - Therefore, there is every possibility of restoration of divorce petition filed by husband for disposal on..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Suit dismissed at the initial stage on the ground that Court fee was not deposited - Sufficient ground is made out for condonation of delay - Suit was not admitted as yet - There is thus, no need for issuing notice..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 109 days in filing restoration petition - Plaintiff wilfully delaying the process - Conduct of plaintiff throughout proceedings indicates an indifferent attitude to proceed with the case and had intended to keep the litigation alive - Trial Court ought not to have allowed application for condonation of..........
