Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration application - Dismissal of - Validity - Appeal was dismissed for default and the reason given by plaintiff appellant in the restoration application was that his counsel was busy in another court - Held, it was a sufficient reason which did not require any documentary evidence to be filed by plaintiff appellant..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration application - Dismissal of - Validity - Appeal was dismissed for default and the reason given by plaintiff appellant in the restoration application was that his wife was ill and on that date he had taken his wife to hospital for treatment - Court below has rejected the application for the reason that he has not..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Section , Order 9, Rule 8 -- Delay - Condonation - Delay in preferring appeal against order dismissing application for restoration of suit dismissed in default - Court to adopt summary procedure by directing parties to file affidavits and counter affidavits of the..........
Civil Procedure Code, 1908, Order 43, Rule 1(d), Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit dismissed for default - Restoration - Resisting of - Order of restoration was passed upon an application which was served upon Appellant - Order was passed upon payment of costs - All that the order was to allow parties to be heard on merits - Contention that delay of five..........
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 5 -- Restoration of second appeal - Condonation of delay - Second appeal transferred to another Court got dismissed for default - Applicants in delay condonation application have categorically stated that no notice of transfer were sent to them - Held, there is just reason for no, appearance in Court on..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Appeal - Dismissal in default - Restoration - Delay of 2186 days - Appeal dismissed due to mistake of counsel - Litigant not to suffer due to mistake of counsel - Appeal restored subject to deposit of Rs.250/- as costs...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration - When appeal is restored it is restored to its original number and to the same status to which appellant was enjoying on the date of dismissal in default...........
Civil Procedure Code, 1908, Order 9, Rule 8, Limitation Act, 1963, Section 5 -- Appeal dismissed in default - Application for restoration of appeal filed after about 2 years, which was dismissed - Petitioner an illiterate villager, who was never informed by his counsel about dismissal of appeal in default - Held, petitioner cannot be made to suffer due to inaction on the..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2, 7, Limitation Act, 1963, Section 5 -- Ejectment order - Appeal against - Dismissal in default - On application for restoration of appeal, matter remanded which is pending disposal for the last 25 years - Petitioner prayed that appeal be decided on merit after condoning delay - Delay condoned in view of..........
Limitation Act, 1963, Section 5 -- Condonation of delay in filing application for restoration of appeal dismissed in default - Counsel for applicant inadvertently could not mark the case in the cause list and thus could not appear when the appeal listed for hearing which was dismissed in default - Held, these kind of errors/slips are not extra ordinary happenings so as to..........
