Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of restoration application - Delay of 405 days - Once there was dismissal in default it was required that restoration application was pursued vigorously and prosecuted with due diligence in right earnest - No plausible reason for delay caused in filing restoration..........
Civil Procedure Code, 1908, Section 151 -- Restoration of restoration application filed u/s 151 CPC - Limitation - It is Art.137 and not Art.122 of Limitation Act which applies - Limitation is three years from the date when right to apply accrues...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit - Delay - Suit restored without there being an application for condonation of delay - Impugned order set aside - Matter remitted with direction to plaintiff to file application for condonation of delay with an opportunity to defendant to file reply and other material in rebuttal, hear both the..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Restoration of suit dismissed U.O.7.R.11 CPC - Application u/s 151 CPC for restoration of suit is maintainable even though rejection of plaint amounts to a decree, which is appealable...........
Civil Procedure Code, 1908, Section 151 -- Eviction petition - Forcible dispossession in June, 2011, during pendency of eviction petition - Application u/s 151 CPC for restoration of possession filed on 4.1.2012 which was dismissed merely on the ground of delay, without going into merits of rival contentions of both the parties - Delay in filing application for restoration..........
Civil Procedure Code, 1908, Section 151 -- Dispossession during pendency of eviction petition - Restoration of possession - Dispossession was in the year 2005 - Restoration sought in the year 2012 - Plea that defendants have voluntarily vacated the premises and left suit property at their own will - For a long time defendants neither raised any objection nor filed any..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Restoration - Withdrawal of suit by a person having no authority to withdraw the suit - Suit withdrawn by playing fraud with plaintiff as well as with Court - Withdrawal of suit null and void ab initio - Held, when there was no valid withdrawal of suit, restoration application is maintainable..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn in view of compromise and statement of plaintiff - Withdrawal of suit was unconditional - Moreover, if any amount had to be paid under the compromise, the petitioners would not have waited for two years to file the restoration application - There would also have been..........
Civil Procedure Code, 1908, Section 9, 151, 10, 2(d) -- Bihar Buildings(Lease, Rent and Eviction) Control Act, 1983, Inherent powers - Exercise of - Withdrawal of amenities (electric supply) enjoyed by tenant over suit property by landlord during pendency of suit - Jurisdiction of civil court to restore such amenities - Held, jurisdiction of civil court is ousted by..........
Civil Procedure Code, 1908, Section 151 -- Execution application - Dismissal in default - Restoration - Counsel busy in another Court - Held, sufficient reason to restore application u/s 151 CPC exercising inherent powers - Restoration allowed...........
