Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration was filed within time stipulated by law - There was no delay on the part of petitioner to apply for restoration of suit - Reasons for default in appearance of petitioner were mainly due to fault of his lawyer - It would not be proper to make..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn - Application U.O.9.R.9 CPC is not maintainable for restoration of such suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Condonation of delay - Delay of 1-1/2 years in filing application for restoration - However, delay in filing application is well explained even though application is not supported with an affidavit of law officer concerned - Moreover, property in question is worth crores..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was duly served and even filed written statement - He thus, cannot be allowed to plead that he was not aware of ex parte decree - Merely because defendant sold or had agreed to sell property in dispute to third party, who had asked defendant to take care of litigation, cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - Defendant was duly served and even filed written statement - Limitation for moving application for setting aside ex parte decree U.O.9.R.13 CPC thus, to commence from date of ex parte decree and not from the date of alleged knowledge...........
Civil Procedure Code, 1908, Section 15, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner was served at the address mentioned in sale deed itself - Substituted service was not shown to be fraudulent - Both courts below have concurrently found no procedural irregularity sufficient to set aside ex parte order in retrospect particularly in light of subsequent..........
Civil Procedure Code, 1908, Section 15, Order 9, Rule 7 -- Ex parte order - Setting aside - Once an appellate Court sets aside a trial Court's judgment and remands the matter for re-consideration, all prior proceedings except those expressly preserved stand subsumed in remand - Procedural integrity of earlier interlocutory orders loses operative force unless challenged..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit - Notice to defendant - It is necessary for Court to issue notice to defendants when application is filed for restoration of suit and after hearing them to pass necessary orders on application for restoration petition...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Reasons for delay were well explained in application U.O.9.R.13 CPC and thereafter application u/s 5 of Limitation Act was also submitted for condonation of delay - Application U.O.9.R.13 CPC was not defective - Moreover, delay was hardly of six days and same was explained by petitioners - Ex..........
