Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Section , Order 30, Rule 1(2) -- Restoration of suit dismissed in default - Restoration application can be signed by any of the persons who was partner at the time of accruing of the cause of action...........
Civil Procedure Code, 1908, Section 148, Order 9, Rule 8, 9 -- Suit - Dismissal for default - Restoration of - Plaintiff directed to pay all costs and produce evidence by next date otherwise suit would stand dismissed - On next date, adjournment sought by plaintiff on the ground of no, availability of counsel - Prayer for adjournment rejected and suit dismissed -..........
Civil Procedure Code, 1908, Section 115 -- Gujarat Motor Vehicles Rules 1989, R. 3 - Power of Court - Suit dismissed under rule 3 - Revision thereagainst - Maintainability - Held, under rule 3, even if, neither party appears when suit is called for hearing, it is not compulsory for Court to dismiss suit - In the event of dismissal of suit, it is open to plaintiff to apply..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - All interim orders passed get revived on restoration of suit...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Eviction suit on grounds of bonafide necessity dismissed in default - Application for restoration of suit also dismissed in default - Held, cause of eviction on ground of bonafide necessity being recurring, provision of O.9.R.9 CPC has no applicability - Landlord can file fresh suit for eviction on ground of bonafide..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 18 -- Eviction suit on grounds of bonafide necessity dismissed in default - Application for restoration of suit also dismissed in default - Held, cause of eviction on ground of bonafide necessity being recurring, provision of O.9.R.9 CPC has no applicability - Landlord can file fresh suit for eviction on ground of..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - Parties not appeared as compromise talks progressed - Suit restored by trial Court on being satisfied with the cause shown - No interference warranted...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Punjab State Election Commission Act, 1994, Punjab Nagar Palika Election Rules, 1994, Punjab & Haryana High Court Rules & Orders, Volume I, Chapter 14 Part E, Rule 11 - Election petition - Dismissal in default - Application for restoration not signed by the appellant but by the Advocate - Held, it is sufficient as Advocate is..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default - Restoration - Application for restoration filed almost 16 months after suit was dismissed in default on the ground that counsel told them that he would inform them whenever their presence would be required, but counsel did not inform them and plaintiffs shifted from place `A' to Place `B' - Held, mere..........
Constitution of India, 1950, Article 227 -- Supervisory jurisdiction - Exercise of - Suit was got dismissed in default intentionally and restoration application was filed after intentional delay of almost 16 months - No ground for restoration of suit was made out - Held, both courts below have dealt with matter in correct perspective and there is no illegality in impugned..........
