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..........
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..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay is of only 17 days - Counsel for appellant met with an accident and he remained hospitalized for 3 days - Considering the period of 22 days for obtaining certified copy of order dismissing suit, delay of 17 days condoned - Suit restored...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Ample opportunities were given to plaintiff to lead evidence for a period of more than two years - Advocate of plaintiffs has taken more than six opportunities to file evidence during said period, but did not file it - Plaintiffs with intention to delay the Court proceedings and not..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Ample opportunities were given to plaintiff to lead evidence for a period of more than two years - Advocate of plaintiffs has taken more than six opportunities to file evidence during said period, but did not file it - Plaintiffs with intention to delay the Court proceedings and not..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, Rule 22(3)(1) -- Property of mother - Eviction of son and daughter-in-law - Property has been allegedly purchased by father in the name of mother through general power of attorney and other supporting documents - Though..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of writ petition dismissed in default - Application for restoration was filed within a period of one month which fact has been admitted by State - Said application was never considered on merits - Appellant still claims to be in possession of land under acquisition, writ petition preferred by appellant should have..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Application filed for restoration of appeal should not be dismissed only on the basis of previous conduct of appellant...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Application for restoration of appeal filed within 30 days from the date of dismissal of appeal for non-prosecution - It is appellant's first appeal against judgment and decree passed by Court below - Dispute is with regard to immovable property - Appeal restored subject to costs..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1)(b) -- Divorce - Cruelty - Condonation of cruelty - Mere giving proposals and counter proposals for the purpose of restoration of matrimony, which resulted in nothing, cannot be termed as condonation of established cruelty...........
