Civil Procedure Code, 1908, Order 9, R -- Restoration of suit dismissed for default - No delay in moving an application for restoration - Mistake in noting date of case - Rules of procedure are meant for advancing cause of justice - Both parties must be granted due opportunity to put up their best case before court - Suit restored...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 4 -- Restoration of suit dismissed as withdrawn without consent of plaintiff - Suit withdrawn when it was fixed for final arguments - Restoration application also dismissed - Court below while dismissing restoration application proceeded on technicalities instead of appreciating substantial aspect of the matter -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit and counter claim dismissed on same day in the absence of both the parties - Defendant filed restoration of counter claim, which was allowed without notice to plaintiff and plaintiff declared ex parte - Application for restoration cannot be decide at the back of plaintiff - No party can..........
Assam Fixation of Ceiling of Land Holding Act, 1957, Section 7(6) -- Land ceiling - Taking over of excess land - Claim for restoration of land and compensation - Limitation - Remedy for taking over of excess land is to be availed by owner of land within one year - However, in the present case application against order taking excess land was filed after delay of 14 years -..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Suit dismissed as withdrawn - Application is not maintainable, as suit was neither dismissed U.O.9.R.2 or O.9.R.3 CPC...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of restoration application - Delay of 405 days - Once there was dismissal in default it was required that restoration application was pursued vigorously and prosecuted with due diligence in right earnest - No plausible reason for delay caused in filing restoration..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Counsel for plaintiff not present - Counsel for defendant present - Plaintiff did not adduce any evidence and claim of plaintiff not admitted by defendants - In such a situation suit can only be dismissed by invoking O.9.R.8 CPC - Plaintiff thus can seek restoration of suit U.O.9.R.9 CPC - Court in such a..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal - Appeal dismissed in default - Application filed within 30 days - Lower Appellate Court ought not to have dismissed appeal in utter haste on the very first day, rather, it could have issued notice to the party, since as per remand order appeal was to be decided within a period of 6 months - Even..........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Article 122 -- Restoration of suit dismissed in default - Limitation to file application for restoration of suit dismissed in default is 30 days - Application filed after two years - Petitioner not able to establish sufficient cause for his non appearance on date when suit was dismissed in default - Order..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed against Defendant No.1 for non filing of process fee - Delay of 15 years - In such like matters, application should not be dismissed on the ground of limitation and Court to take a lenient view - Application allowed so as to give finality to the litigation because defendant No.1 may not move an..........
