Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5 -- Appeal - Delay in filing - Condonation of delay - Power of appellate court - Held, there is no specific bar which restrains the appellate Court to hear and decide the appeal alongwith the application for condonation of delay - On the contrary provision is otherwise which puts bar on the..........
Civil Procedure Code, 1908, Order 6, Rule 5, 15, 17, 18 -- Scope and application - Held, amendment brought to Rules, 5, 15, 17 and 18 of O.6 of the Code by the Amending Act, 1999 as well as by S.7 of the Amending Act, 2002 shall not have any application in respect of any pleading filed before commencement of the aforesaid Amending Act...........
Civil Procedure Code, 1908, Order 15, Rule 5 -..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application for setting aside abatement - Condonation of delay - Information with regard to death of respondents Nos.1 to 5 had come within the knowledge of appellants in the year 2008 - Applications for condonation of delay and setting aside abatement filed on 14.01.2011 - Held, conduct of..........
Civil Procedure Code, 1908, Order 9, Rule 5 -- Dismissal in default - There could be no dismissal in default if a defendant was already served with summons...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 5 -- Dismissal in default - Restoration - Inherent power - Court has inherent power to restore suit dismissed for default under O.9.R.5 CPC...........
Civil Procedure Code, 1908, Order 27, Rule 5-A -- Coal Mines Public Provident Fund Commissioner - In an earlier suit, held, to be a public servant - Suit withdrawn as notice required u/s 80 CPC was not issued - Fresh suit filed upon due notice - Union of India not impleaded as a party - Held, the question settled in the suit filed earlier that Coal Mines Public Provident..........
Bihar Land Reforms Act, 1950, Section 5 -- Fixation of fair rent - Application for - No averment in plaint that plaintiffs were ex-landlord or intermediaries - No mention in plaint that defendant 1st set has been granted permanent lease by plaintiffs in suit premises - Specific case of plaintiffs that defendant 1st set is their tenant on month to month basis - Held, S.5 of..........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5 -- Suit for specific performance - Condonation of delay in filing substitution application - Substantial amount given as advance money - Held, there is no question of any malafide or delay in such matters i.e. a suit relating to specific performance of contract to sell where a substantial amount..........
Civil Procedure Code, 1908, Order 22, Rule 5, Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 3(vii)(b) -- Eviction petition - Application for substitution as legal heirs - Demised premises was leased out for commercial purposes - There was not even a whisper in the application that applicants or any of them had been or ever carried on business in the..........
