Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, 8, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dismissal in default for non appearance of both the parties - Restoration - Application for restoration of petition for divorce by mutual consent should have been filed by both the parties jointly and restoration application filed by appellant..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed in default - Mother of counsel for the plaintiff passed away due to illness and he also met with an accident and therefore he was unable to attend Court proceedings - Lenient approach should be adopted taking into submissions made by parties - One more opportunity is thus, granted to..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Ex parte ad interim order passed despite filing caveat - Ex parte ad interim order rightly set aside...........
Civil Procedure Code, 1908, Order 9, Rule 4, Civil Procedure Code, 1908, Order 39, Rule 2A -- Application U.O.39.R.2-A - Dismissal in default - Restoration - Revision against - Once trial court comes to conclusion that proceedings were liable to be restored back, unless gross illegality is pointed out in exercise of discretion, jurisdiction u/s 115 CPC cannot be invoked..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 4 -- Condonation of delay - Delay of more than 9 years in filing application for restoration of suit dismissed U.O.9.R.3 CPC - Plea of immobility of predecessor-in-interest due to paralytic attack - However, they were regularly visiting Courts upto 1999 - Medical certificates produced by petitioners..........
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..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed on failure to furnish correct/complete addresses of defendants - Order dismissing suit passed U.O.9.R.2 CPC - Application for restoration of suit is maintainable U.O.9.R.4 r/w S.151 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - Court not at all impressed by the grounds set forth by plaintiff for restoration of suit - Delay in filing application not sufficient explained - However, since plaintiff is a Govt. company and that restoration of suit will not automatically amount to passing of a decree so as to..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Dismissal in default - Power of Court - Court has power to set aside dismissal and shall appoint a day for proceeding with the suit the moment Court satisfies about sufficient cause shown by plaintiff...........
Civil Procedure Code, 1908, Order 37, Rule 4, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree in summary suit and ex parte decree in ordinary suit - Distinction - Grounds required for setting aside ex parte decree passed in an ordinary suit and in a summary suit are different - To set aside an ex parte decree in a summary suit, special circumstances will..........
