Civil Procedure Code, 1908, Section 151 -- Restoration of suit dismissed as withdrawn - Suit was withdrawn with liberty to file afresh suit due to wrong advice of previous counsel as well as lack of legal knowledge of plaintiff - Plaintiff was not aware that she will have to deposit Court fee again if suit is to be filed afresh - Since counter claim filed by defendant in..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn - Application U.O.9.R.9 CPC is not maintainable for restoration of such suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 4 -- Restoration of suit dismissed as withdrawn without consent of plaintiff - Suit withdrawn when it was fixed for final arguments - Restoration application also dismissed - Court below while dismissing restoration application proceeded on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Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Suit dismissed as withdrawn - Application is not maintainable, as suit was neither dismissed U.O.9.R.2 or O.9.R.3 CPC...........
Civil Procedure Code, 1908, Section 151 -- Restoration of suit dismissed as withdrawn - In the absence of specific provision in the Code for restoration of suit dismissed as withdrawn, Court can restore suit in exercise of its inherent powers u/s 151 CPC, in the interest of justice...........
Civil Procedure Code, 1908, Section 151 -- Restoration of suit dismissed as withdrawn on account of oral compromise between the parties - Withdrawal of suit without permission to file on the same cause of action may be by mistake or the wrong advice of counsel - Held, when situation is such, then Court is not powerless to order restoration specifically when no prejudice..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn in view of compromise and statement of plaintiff - Withdrawal of suit was unconditional - Moreover, if any amount had to be paid under the compromise, the petitioners would not have waited for two years to file the restoration application - There would also have been..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Withdrawal of suit - Restoration thereof - Legality of - Counsel, who made statement for withdrawal of suit, was counsel for LRs of plaintiff No.1 only and was not counsel for plaintiffs No.2 and 3 - Trial Court dismissed suit as withdrawn qua all plaintiffs - Held, he had no authority to withdraw suit on behalf of plaintiffs..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn - Defendant playing fraud in getting the suit dismissed as withdrawn has no locus to object to the restoration of the suit...........
Civil Procedure Code, 1908, Section 115, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn - Fraud played by defendant in getting suit dismissed as withdrawn - Such defendant is not entitled to invoke discretionary jurisdiction of High Court u/s 115 C.P.C...........
