Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Mistake in noting date of case - After engaging an Advocate it is not the job of client to attend Court to take dates of the proceedings and convey them to his Advocate - In the trial Courts the party is expected to attend the Court as and when his presence is required in the proceedings and/or whenever the party is..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 8, Limitation Act, 1963, Article 137 -- Restoration of suit - Case fixed for framing of issues - Counsel pleading no instructions - Date fixed for framing of issues is not a date fixed for hearing of suit - O.9.R.8 CPC not applicable - Restoration application is one u/s 151 CPC - Period of limitation for filing..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Restoration of suit - Counsel mistook date 25.5.1990 whereas date fixed was 25.11.1989 - Bonafide mistake of counsel - Sufficient cause for non appearance - Restoration of suit allowed subject to payment of Rs.2, 000/- as costs...........
Civil Procedure Code, 1908, Order 9, Rule 8 -- When the plaintiff is absent, in no case, unless the claim is admitted, the trial Court decree the suit...........
Civil Procedure Code, 1908, Order 9, Rule 8, Civil Procedure Code, 1908, Order 17 -- Personal appearance ordered - Lawyer filed memo on the adjourned date - Case dismissed U.O.9.R.8 - Not proper - Court could either adjourn the case subject to costs or to proceed under Order 17 CPC - At the most Court could direct the counsel to file regular power of attorney on the next..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Bar of fresh suit on dismissal in default of suit - The only test is whether the cause of action in both the suits is the same or not...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Suit fixed for plaintiff's evidence - Many adjournments granted - Plaintiff seeking adjournment for calling of documents - Declined - Held, even if application filed by plaintiff does not find favour with Court then instead of dismissing the suit for non prosecution, it would have been appropriate to adjourn on certain..........
Civil Procedure Code, 1908, Order 9, Rule 9, 8 -- Suit for declaration to be owner in possession and injunction restraining defendant from dispossessing or interfering in possession and by amendment challenge to sale - deed in favour of defendant - Dismissal of earlier suit in default under Order 9 Rule 8 - New cause of action will not be made out merely because a new..........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Suit fixed for plaintiff's evidence - Plaintiff and his Advocate absent - Defendant's Advocate present - Suit dismissed U.O.9.R.9 - Fresh suit based on same cause of action and seeking same relief is not tenable in view of provisions of O.9.R.9 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Land reference - A reference Court cannot dismiss a Land Acquisition case for no, appearance under order 9 Rule 8 CPC and therefore an application under Order 9 Rule 9 CPC is not maintainable - Restoration can be allowed by invoking inherent powers of Court under S.151 CPC...........
