Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside of ex-parte decree with condition of costs to be paid on specific date and no failure application stands dismissed - If mandatory provision not complied with no separate order requiring dismissal of the case is required...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- On an application U.O.9.R.9 the Court can't maintain a part and set aside the other part of the order of dismissal - Held that where a Court sets aside the order of dismissal to a limited extent only, the limitation, shall be treated as if it does not exist and the order shall have the effect of bringing the suit to the exact..........
Civil Procedure Code, 1908, Section 2(2), Order 6, Rule 5 -- Dismissal of suit for non compliance with O.6.R.5 CPC is not a decree...........
Civil Procedure Code, 1908, Order 41, Rule 11(1), 17, Civil Procedure Code, 1908, Order 17, Rule 3 -- Appeal posted for admission - Non appearance of appellant or his counsel - Appeal cannot be dismissed on merits-court may on merits admit it overlooking such default - May dismiss it in default or may adjourn to another date Dismissal on merits read as dismissal in..........
Civil Procedure Code, 1908, Section 11 -- Dismissal of suit for want of prosecution - No adjudication on the question involved - Does not operate res-judicata in writ petition...........
Civil Procedure Code, 1908, Order 9, Rule 3, 8, 9, 11 -- More than one defendant - Suit dismissed for plaintiff being not present when one defendant present - Dismissal of suit is under rule 3 as against absent defendants and under rule 8 against defendant present...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 90, Civil Procedure Code, 1908, Order 41, Rule 33 -- Application U/O.21.R.90 dismissed in default - Remedy by way of appeal though available is illusory Under inherent powers the Court which passed the order of dismissal can set aside the order of dismissal...........
Civil Procedure Code, 1908, Section 151 -- Dismissal order passed inadvertently Notwithstanding the remedy of appeal court could act ex debito justice in order to correct its own error...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Money suit against two defendants - Suit based on endorsement made by defendants extending limitation - On this basis suit decreed - Appeal by first defendant alone - Lower appellate court found both signatures forged and dismissed the suit against both - Dismissal against second defendant unjustified...........
Civil Procedure Code, 1908, Order 41, Rule 17, 19 -- Dismissal of appeal for default Restoration application made on the same day - Effect - Appearance on the same day cannot be pleaded in support of restoration, if after restoration, a case is to be adjourned again...........
