Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122 -- Restoration of suit dismissed in default - Statutory period for filing restoration application is the date of order and not knowledge of order - Condonation of delay is not permissible in absence of an application - No permission can be granted to an aggrieved party for filing an application..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Appeal dismissed in default because counsel engaged by appellants could not be present, as he has to admit his son in Engineering course - Application for restoration of appeal filed within 30 days from dismissal of appeal - Court below ought to have taken into account the..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - First appeal is a valuable right of appellant and therefore, appellant was entitled for an opportunity to prosecute their appeal on merits - If appellant's advocate did not appear, Court could impose some cost on them for restoration of their appeal to compensate appellant instead..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 19 -- Condonation of delay - Delay of 176 days in filing application for restoration of appeal dismissed in default - Delay of 176 days cannot be said to be an inordinate delay, more so when matter relates to first appeal - Appellants having lost before trial Court ought to have fair and reasonable..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was present in almost all hearings before trial Court which indicates that he was genuinely pursuing the matter - Application for restoration of suit filed within period of limitation - Plaintiff having filed the suit for declaration and injunction ought to be given an..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after delay of 18 months - Appellant was aware about dismissal of suit still he knowingly failed to file application for restoration within prescribed period - Application rightly rejected...........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay of 513 days - Plea of illness and non intimation of dismissal by counsel - Said plea not substantiated by plaintiff - Even delay of 513 days in approaching Court not explained by plaintiff - Application for restoration of suit..........
Civil Procedure Code, 1908, Order 9, Rule 8, Civil Procedure Code, 1908, Order 43, Rule 1(c) -- Restoration of suit dismissed in default - Defendant duly represented and it was plaintiff who did not appear - Order of dismissal of suit is U.O.9.R.8 CPC - Rejection of application for restoration of suit is covered U.O.43.R.1(c) CPC - Factual mistake committed by lower..........
Civil Procedure Code, 1908, Section 141, Order 9, Rule 9 -- Restoration of restoration application dismissed in default - Application U.O.9.R.9 CPC seeking restoration of restoration application dismissed in default is maintainable - Plea regarding no, maintainability of application thus, has no substance...........
Criminal Procedure Code, 1973, Section 457 -- Application u/s 457 Cr.P.C - Dismissed in default - Restoration application - Maintainability - Application for restoration of earlier application by recalling order by Magistrate is not permissible under law - However, petitioner is not remediless, he has two remedies firstly to approach High Court or Session Court and..........
