Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of restoration application dismissed for default - Procedure provided for restoration of suit applies...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Rent & eviction - Eviction proceedings - Estoppel between landlord and tenant - Plaintiff in possession of industrial sheds in pursuance of lease agreement - Default in payment of rent - Uncertain policy put forth by Govt. for transferring sheds in question hire purchase - Plaintiff never acted upon..........
Limitation Act, 1963, Article 37 -- Loan if payable in instalments containing a default clause that on behalf of payment of any instalment the whole amount would become due then the creditor has to sue for the whole amount on the occurrence of default - However, the creditor can waive his right to sue for the whole amount and such waiver has to be pleaded in the plaint -..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of restoration application dismissed for default - Such application Is maintainable in view of S.141 CPC...........
Civil Procedure Code, 1908, Order 43, Rule 1 -- Restoration of restoration application dismissed for default - Appeal against order dismissing such application does not lie...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Suit for permanent injunction - Dismissed for default - Second suit is barred U.O.9 R.9 - Principle of recurring cause of action is inapplicable...........
Will -- Obligations imposed so as to maintain brothers widow and to perform the marriages of deceased brothers daughter - Directions in the Will not complied with - Will stands frustrated - Held, even in absence of default clause in the Will court can grant a decree giving the land to rightful heirs to which they would have been otherwise entitled...........
Contract Act, 1872, Section 55 -- Time the essence of the contract - A stipulation in the contract that the document has to be executed within a period fixed in the contract need not make the stipulation as to time essence of the contract - Default clause by itself also need not evidence the intention to make time essence of the contract - Can be so only if such intention..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 3, Rule 4 -- Suit dismissed in default - Restoration - Notice of application can be issued to the counsel. - The authority of the advocate of the defendant is not terminated on the dismissal of the suit - No fresh power of attorney is required to be given to the Advocate to consent the..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Suit dismissed for default - Restoration - As plaintiffs counsel had to go out of station he directed another advocate to put in appearance - That advocate could not appear on account of tooth ache - Held, there is sufficient cause for restoration of the suit - Litigant not to suffer for negligence of the lawyer...........
