Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2 years 29 days in filing application to restore suit dismissed in default - Plaintiffs were not informed by advocate representing them about dismissal of suit - Immediately on coming to know about such dismissal of suit, plaintiffs acted upon and filed necessary application - Delay condoned subject to cost..........
Civil Procedure Code, 1908, Order 9, Rule 9, Hindu Marriage Act, 1955, Section 9 -- Restoration of restoration application - Delay in filing application - Application dismissed as no condonation of delay application filed - Provision of O.9.R.9 CPC is a benevolent provision, which provides for a remedy to persons, who are prevented by sufficient cause from appearing in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complainant contended that his non-appearance or his counsel on adjourned date was neither intentional nor deliberate, as he had asked his counsel to move application for exemption but because..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Finding rendered in interlocutory application cannot be a ground of estoppel or res judicata when main suit itself is dismissed for default...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application filed beyond prescribed time of 30 days - In absence of condonation of delay application order passed U.O.9.R.9 CPC either dismissing it or allowing it renders the order non-est...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed in default - Mother of counsel for the plaintiff passed away due to illness and he also met with an accident and therefore he was unable to attend Court proceedings - Lenient approach should be adopted taking into submissions made by parties - One more opportunity is thus, granted to..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Dismissal of suit in default for the third time - Utter laxity in pursing the litigation manifest - In such circumstances, it is not open to casually blame Advocate and seek restoration of suit which has not progressed even a step further i.e to the stage of trial - Restoration application rightly..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused arrested on 5.11.2018 and he remains in custody till today - Charge sheet was submitted by I.O after about one year from date of arrest of accused - Even though accused is entitled to grant of statutory bail as provided u/s 167 Cr.P.C on account of default of submitting charge sheet within prescribed..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay in filing application for setting aside ex parte decree - Partition suit - Reason assigned for delay is that close relatives had advised defendant to withdraw the suit and settle dispute - Suit was allowed to be dismissed in default and thereafter restored - This..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Divorce case - Husband absent from Court despite giving last opportunity to him, inspite of cost had been imposed, he has not even paid the cost - He stated that he was unable to attend proceedings in divorce suit because his mother has fallen ill - However, no medical certificate was..........
