Civil Procedure Code, 1908, Order 9, Rule 3 -- Dismissal for default - Miscellaneous application fixed and the suit not listed for hearing - Only the application can be dismissed and not the suit as well - Suit can still proceed even after the interim applications are dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Dismissal for default - Restoration - Bonafide mistake on the part of counsel not to appear and circumstances ex-plained do not amount to deliberate action or negligence on the part of the counsel - Suit restored...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal for default in early part of day - Restoration - Application filed on the same day - Application to restore case moved on same day should be allowed when no mala fide is attributed to applicant...........
Contract Act, 1872, Section 128 -- Guarantor alone can be sued, without even suing the principal debtor so long as the creditor satisfies the court that the principal debtor is in default...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed for default - Suit restored - Consequently order of interim injunction automatically revives - No separate order need be passed...........
Electricity -- Non payment of bill - Penal interest - Charges do not become payable as and when energy is consumed - They become payable only on service of a bill and from the date fixed therein - It is only if default is committed on the due date, that liability for penal interest is incurred. (Electricity Act, 1910, S.24)...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Presence of default clause by itself will not make a document not a promissory note, if it otherwise satisfies the mandatory requirement of a promise to pay to the order or bearer. (Stamp Act, 1899, S.2(22), 2(5)(b)...........
Motor Vehicles Act, 1939, Section 110A, Constitution of India, 1950, Article 227 -- Claim petition - Dismissed in default - Restoration - Held, procedural provisions of the Civil Procedure Code cannot be used as a mandatory bar where the interests of justice require that the proceedings must be restored - Order restoring application not interfered with under Art.227 of the..........
Civil Procedure Code, 1908, Order 9, Rule 7, 8, 9, 10, 11, 12, 13 -- Dismissal for default - Liberal view should be taken - Held, litigating public should not suffer for the default of the advocate...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Dismissed for default - Case taken up in absence of parties or their counsel as it was declared holiday - Notice not issued to the parties - Cannot be said that complainant failed to appear - Proper for trial court to have adjourned the case for giving notice - Order set aside - Case restored...........
