Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Partition suit - In a suit for partition, each party is plaintiff and even if plaintiff is not proceeding with the suit, Court was required to proceed with the suit - Suit dismissed in the year 2016 having no legal or rational reason - Time passed is almost 8 years - Suit restored...........
Criminal Procedure Code, 1973, Section 125, 362 -- Dismissal of petition for non prosecution - Recall of order - Embargo contained u/s 362 Cr.P.C is relaxed in proceedings u/s 125 Cr.P.C - Court having not become functus officio after passing of final order as such recall application filed seeking restoration of case u/s 125 Cr.P.C, cannot be rejected by assigning a reason..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing application for restoration of suit - Entertaining an application for condonation of delay at the behest of a stranger who is not a party to proceedings is totally illegal and unsustainable in law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - When the complaint under the Act is dismissed for want of prosecution at the initial stage of issuing summons, then Court concerned has authority to recall the same and bar of S.362 Cr.P.C. will not be applied...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - When the complaint under the Act is dismissed for want of prosecution at the initial stage of issuing summons, then Court concerned has authority to recall the same and bar of S.362 Cr.P.C. will not be applied...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Possession of plaintiff over suit property is not disputed - Necessary consequences of declaring general power of attorney and lease deed executed in favour of plaintiff was restoration of possession - However, defendant failed to seek consequential relief of restoration of possession - Counter claim seeking..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 12 years 158 days in filing application for restoration of Writ Petition - Appellants have failed to prove that they were reasonably diligent in prosecuting the matter - Delay should not be excused as a matter of generosity - Delay cannot be condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 12 years and 158 days in filing restoration application - Litigation between parties started sometime in 1981 - Almost 43 years have elapsed - However, till date respondent has not been able to reap the fruits of his decree - It would be mockery of justice if delay of 12 years and 158 days is condoned -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing application for restoration of suit dismissed in default - Petitioner pleaded that she is a diabetic patient and was taking treatment from hospital - However, ailments which have been mentioned are not such which would restrain petitioner from diligently prosecuting her case - Moreover, nothing..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-appearance of counsel cannot be said to be unintentional or bonafide - Said fact is substantiated from the fact that no affidavit of counsel has been annexed with the application - It shows that plaintiff did not instruct his counsel and hence, counsel was left with..........
