Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed on failure to furnish correct/complete addresses of defendants - Order dismissing suit passed U.O.9.R.2 CPC - Application for restoration of suit is maintainable U.O.9.R.4 r/w S.151 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Interlocutory orders - (i) On dismissal of suit for default all interim orders stand terminated unless Court by express order or by necessary implication specify that any order will continue; (ii) On restoration of suit dismissed in default, with notice to the opposite party, all..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession of suit property - In a suit for simplicitor for permanent injunction without any prayer for restoration of possession, plaintiff is not entitled for any relief by way of temporary injunction - Application rightly rejected...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Suit restored subject to payment of costs - Non payment of costs - Consequently application for restoration stood dismissed - Dismissal of restoration application was only for non payment of costs - Court could have granted extension of time for payment of cost - Suit restored subject..........
Civil Procedure Code, 1908, Order 21, Rule 35, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Issuance of warrants of possession - Cancellation of - Suit for possession by way of ejectment - Appeal against decree dismissed in default - Pendency of restoration application in appeal - Mere pendency of restoration application in appeal is not a valid..........
Specific Relief Act, 1963, Section 6 -- Dispossession - Restoration of possession - Petitioners not able to show that they were in settled possession or long possession of suit property - Possession of 12 days and that also for purposes of mourning, attending to guests and for performing last rites cannot be held to be settled possession - Petitioners failed to show any..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay - Condonation - Delay of 28 days - Ground of ill-health - Dismissal of application U.O.9.R.9 CPC bars institution of fresh suit - However, if application itself contains sufficiency of reasons for condonation of delay then there is no necessity..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay - Condonation - Delay of 26 days - Ground of ill health - No documentary evidence in support thereof - Delay is not abnormal - Delay condoned subject to payment of costs of Rs.1,000/- - Suit restored...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - Court not at all impressed by the grounds set forth by plaintiff for restoration of suit - Delay in filing application not sufficient explained - However, since plaintiff is a Govt. company and that restoration of suit will not automatically amount to passing of a decree so as to..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Suit dismissed in default - Non-appearance of plaintiff was neither intentional nor wilful - There was no delay on part of plaintiff - Suit was for recovery on which plaintiff had affixed ad valorem Court fee - Suit was at the stage of cross-examination when it was dismissed in default - Plaintiff was..........
