Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-filing of application for condonation of delay - Preliminary decree in partition suit passed by trial Court was affirmed upto High Court - Merely on technicalities one should not be made to suffer the rights adjudicated upto level of High Court on the ground of delay or non-filing..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of partition suit - Dismissed in default after passing of preliminary decree - Suit dismissed due to non-appearance of counsel for plaintiff though suit proceedings were being regularly adjourned for last nine years awaiting orders from High Court - Merely non-appearance of plaintiff or his counsel on one occasion..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-filing of application for condonation of delay - Preliminary decree in partition suit passed by trial Court was affirmed upto High Court - Merely on technicalities one should not be made to suffer the rights adjudicated upto level of High Court on the ground of delay or non-filing..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of partition suit - Dismissed in default after passing of preliminary decree - Suit dismissed due to non-appearance of counsel for plaintiff though suit proceedings were being regularly adjourned for last nine years awaiting orders from High Court - Merely non-appearance of plaintiff or his counsel on one occasion..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Plaintiff suffered an order of dismissal, as his counsel has noted wrong date of hearing in his diary - Litigant cannot be made to suffer on account of negligence or lapse on the part of his advocate - Sufficient cause shown by plaintiff..........
Civil Procedure Code, 1908, Order 9, Civil Procedure Code, 1908, Order 22 -- Restoration of suit - Provisions of O.22 CPC are applicable to proceedings U.O.9 CPC for restoration of suit...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Wrong noting of date in diary - Due to devastating floods record in office of counsel got damaged - Even Court functioning was disrupted - Assertion of counsel for plaintiff that record in his office got damaged and same had to be reconstructed cannot be brushed aside, particularly in..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was continuously appearing in suit right from its beginning except on the date when suit was dismissed in default - He could not appear on the relevant date owing to his illness - Plaintiff thus, succeeded to establish sufficient cause for his non-appearance from attending..........
Money suit -- Writ petition for recovery of money due and payable under the bills/invoices - Earlier to that civil suit filed which was dismissed in default and restoration application was filed - Before that writ petition filed and same was allowed - Writ petition for recovery of money under the bills/invoices is not maintainable particularly when writ petitioner availed..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Absence due to fever and sickness of nephew - Restoration application filed immediately - Medical evidence - It is highly unlikely to expect a medical record for each illness which incapacitate the party from appearing on a given day, particularly when bona fide of the party is..........
