Civil Procedure Code, 1908, Order 9, Rule 4, 3 -- Suit dismissed in default due to Lawyers strike - Restoration of - Stringent view taken regarding strike of lawyers in S. Maharaj Bakash Singh's case 1986 (2) P. L. R. 179 Dissented - Non-appearance of counsel for plaintiff due to strike of Lawyers - Should not stand in way of restoration provided application within time -..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Should be allowed on payment of costs to compensate defendant - Application for restoration filed with promptitude i. e. within one week from its dismissal - That by itself sufficient to restore suit on payment of costs - Restoration of suit dismissed in default should not be denied..........
Civil Procedure Code, 1908, Order 9, Rule 4, 3 -- Restoration of suit dismissed in default - Should be decided merely on affidavits in shortest possible time - Such matters not to be strictly decided like rights of parties in main suit - Parties should be allowed to contest their claims on merits instead of dismissing suit by refusing to restore it - Suit if dismissed in..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Application for restoration of suit filed within 30 days - No adverse inference to be drawn that application not filed soon after dismissal...........
Punjab Security of Land Tenures Act, 1953, Section 19A -- Decree for restoration of possession (to tenant) - Objection that decree-holder as a landowner and as a tenant already possessed of more land than permissible limit and therefore in view of Section (9-A not entitled to acquire or possess suit land - Not tenable - Assistant Collector cannot go into the question as to..........
Pepsu Tenancy and Agricultural Lands Act, 1955, Section 43, 47 -- Section 43 enabling provision to restore possession to various persons by a summary procedure if wrongfully or unauthorisedly dispossessed - Revenue entries show possession of land by tenants till Rabi 1963, tenants did not surrender their tenancy nor ordered to be ejected in any proceedings - Tenancy rights..........
Civil Procedure Code, 1908, Order 9, Rule 4, 2, Civil Procedure Code, 1908, Order 7, Rule 9(1A) -- Suit dismissed under Order 9 Rule 2 for no, compliance with provisions of sub-rule (1-A) of Order 7 Rule 9 - Restoration of - Suit should be restored on payment of costs...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Plaintiff in a suit for permanent injunction restraining defendant from dispossessing him forcibly claiming himself to be in possession as a tenant and entitled to continue as such till evicted in accordance with law - Defendant held to be entitled to restoration of possession by Sessions Judge under Section 145 Criminal..........
Punjab Tenancy Act, 1887, Section 77, Civil Procedure Code, 1908, Section 9 -- Suit in Civil Court for declaration that decree passed by Revenue Court ordering restoration of possession null and void - Decreed simply on the ground that once relationship of landlord and tenant disputed before Assistant Collector, he had no jurisdiction to proceed with the suit - Wholly..........
Northern India Canal and Drainage Act, 1873, Section 30G, 30FF - - Suit in Civil Court for mandatory injunction for demolition of Khal challenging order of Canal Authorities about restoration of Khal under sub-section (3) of Section 30-FF - Objection of failure to exhaust remedy of appeal under sub-sectr:on (4) of Section 30-FF - No proper order under sub-section (3) of..........
