Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution - Dismissal for default - Restoration - Where application is filed in time and sufficient cause is shown for non appearance of decree-holder on day of hearing, Court can restore dismissed petition to file - Such restoration does not amount to fresh execution and question of limitation therefore..........
Consumer Protection Act, 1986, Section 13, Civil Procedure Code, 1908 -- Order 9 - Dismissal for default - Provisions of Order 9 C.P.C. not applicable to the proceedings under the C.P. Act - The District Forum is not possessed of requisite jurisdiction/power to entertain an application for setting aside an order of dismissal for default of the complaint and to restore the..........
Consumer Protection Act, 1986, Section 13,14 -- Chandigarh Consumer Protection Rules, 1987, Rule 4(8) - Dismissal for default - Vide zimni order dated 23.9.2002 the case was not fixed for hearing of parties on 3.10.2002 but was fixed for the evidence of OP No. 1 only - Dismissal in default of the complaint by District Forum held to be error in law relating to procedure -..........
Criminal Procedure Code, 1973, Section 256, Negotiable Instruments Act, 1881, Section 138 -- Complaint - Non appearance of complainant - Dismissal for default - It is a final order - Magistrate has no inherent power to restore the complaint...........
Civil Procedure Code, 1908, Order 9, Rule 6, 7 -- Dismissal in default - Restoration - Both the counsels noted wrong date - It is always in the interest of justice to decide quasi-judicial matters on merits - Technicalities ought not to be taken into account by the quasi judicial authorities like respondent No.1 who is to be guided by rules of natural justice - Petition..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, 3 -- Dismissal in default-Restoration of-Mistake or negligence of counsel-Ought not to be permitted to cause damage to litigant-Both counsel noted wrong date-Wholly unreasonable to decline restoration...........
Criminal Procedure Code, 1973, Section 203 -- Complaint - None appearance of complainant - Dismissal in default at early hours - Court cannot be oblivious of the fact of chaotic traffic and nightmarish jams and snarling movement of vehicles as one is not sure when he will reach his destination and when will he be caught by surprise on his way to have long and winding..........
Criminal Procedure Code, 1973, Section 156 -- Complaint - Dismissal for default - Convincing reasons for absence of complainant before lower Court on the particular day - It was wrong on the part of lower Court to acquit accused for non appearance of complainant when substantial rights of parties are involved - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 256 -- Absence of complainant - Dismissal in default - Mistake in noting date of hearing - Supported by affidavit as well as file cover and case diary of counsel - There is sufficient cause which prevented the complainant and the Counsel from appearing on the date of hearing - Complaint ordered to be restored...........
Criminal Procedure Code, 1973, Section 256 -- Complaint - Dismissal for default - Dismissal at stage of recording pre-summoning evidence - Revision - As the respondent has not been served as yet as such notice of the petition need not be issued to them...........
