Civil Procedure Code, 1908, Order 41, Rule 17 -- Cross-appeals - Clubbing of appeals - When in cross appeals one of appellants does not appear, appellate Court has to segregate two appeals and deal with appeals U.O.41.R.17(1) or O.41.R.17(2) CPC - In the event appeal is dismissed for default U.O.41.R.17(1) CPC, appellant will have remedy U.O.41.R.19 CPC - If other appeal..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after about seven months - Such delay cannot be said to be inordinate delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122 -- Restoration of suit dismissed in default - Statutory period for filing restoration application is the date of order and not knowledge of order - Condonation of delay is not permissible in absence of an application - No permission can be granted to an aggrieved party for filing an application..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - `No instructions' - Counsel not intimating plaintiff - Court also did not issue fresh notice to plaintiff - Factum of reporting no instructions without informing plaintiff by counsel of plaintiff constitutes sufficient cause within meaning of O.9.R.9 CPC - Suit restored...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Earlier adjournments granted in appeal, ought not to be taken into account by Court while considering whether or not to set aside order dismissing default passed by it, because only cause for absence on that day is required to be gone into...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - There is no requirement of law that appellants in appeal should be present when appeal is taken up for hearing because having engaged a counsel who has to argue the appeal, appellants need not be physically present in Court - View of Court below that appellants should have..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Appeal dismissed in default because counsel engaged by appellants could not be present, as he has to admit his son in Engineering course - Application for restoration of appeal filed within 30 days from dismissal of appeal - Court below ought to have taken into account the..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 - - Delay of 277 days in filing second appeal - Title suit was decreed on the ground of default - First Appellate Court affirmed judgment and decree passed by trial Court - Immediately defendant filed review application as advised, which was also dismissed - Second appeal filed on behalf of defendants..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 - - Direction for determination of compensation - Land in question notified for acquisition 28 years ago - Appellant had put up construction over land without acquisition of said land putting public exchequer at risk - Petitioners have produced their title..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed in default - Bar of subsequent suit - Plaintiff on attaining majority instituted suit for setting aside sale deed of his property - Said suit dismissed in default - Bar U.O.9.R.9 CPC would come into play in bringing fresh suit in respect of same relief - Though subsequent suit filed only for partition without a..........
