Civil Procedure Code, 1908, Order 21, Rule 30, 37 -- Execution - Money decree - Simultaneous execution for arrest of JD and also for attaching his salary - Earlier E.P for attaching salary of JD was dismissed for default - Subject E.P was filed for arrest of JD - JD is a Teacher and drawing salary of Rs.16,000 and he did not pay any amount after dismissal of earlier E.P -..........
Agreement to sell -- Specific performance - Delay and laches - Suit for specific performance cannot be dismissed on sole ground of delay or laches - However, exception to this rule is that where an immovable property is to be sold within a certain period, time being of essence and it is found that owing to some default on part of plaintiff, sale could not take place..........
Limitation Act, 1963, Section 5 -- Condonation of delay - No bar to exercise discretion to condone delay in absence of a formal application - However, Court can always insist that an application or an affidavit showing cause of delay be filed - Court did not commit an error in restoring the application, which was dismissed in default and there was delay in filing..........
Civil Procedure Code, 1908, Section 35 -- Cost - Restoration of application dismissed for default - Non payment of costs - No time frame for payment of cost - It cannot be said that as cost was not paid/deposited, the proceedings cannot be restored back...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Decision of application U.O.9.R.9 CPC without deciding application u/s 5 of Limitation Act - Impugned order set aside...........
Civil Procedure Code, 1908, Section 151 -- Execution - Restoration of petition dismissed in default - Application for restoration of Execution Case was earlier allowed by a speaking order and case was posted for appearance of non-applicants - However, application for restoration was again considered and rejected and there was also an observation made by execution Court..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed in default - Mere fact that suit was restored earlier on couple of occasions and suit remained pending for last 28 years, itself is no ground to reject restoration application, as application cannot be dismissed on past conduct of applicant - Application ought to have been exclusively..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complaint dismissed by Magistrate by invoking S.256 Cr.P.C and not on merits - One more opportunity is thus, given to complainant to proceed with the case - Order of dismissal of complaint set..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Restoration of application U.O.21.R.97 CPC dismissed in default - Application filed on the pretext that counsel was ailing - No evidence, as such, placed on record in support of their contention - It cannot be ruled out that recourse to application U.O.21.R.97 CPC was adopted to install execution proceedings..........
Civil Procedure Code, 1908, Section 151 -- Execution - Dismissed in default - Restoration - Execution petition was adjourned time and again for Commissioner's report - Court dismissed execution petition as DH is not ready - It is thus, clear that dismissal is not U.O.21.R.105(2) CPC i.e. a dismissal for non appearance of petitioner - Application filed u/s 151 CPC for..........
