Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Section , Order 30, Rule 4(2) -- Restoration of suit dismissed in default - When suit is dismissed in default in ignorance of death of plaintiff, legal representatives of plaintiff can file restoration application...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Section , Order 30, Rule 1(2) -- Restoration of suit dismissed in default - Restoration application can be signed by any of the persons who was partner at the time of accruing of the cause of action...........
Civil Procedure Code, 1908, Order 9, Rule 9, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Recording of Zimni Order - Landlord died during pendency of eviction petition - Application for bringing LR's of deceased landlord dismissed in default - However, another application filed for restoration - Matter of bringing LR's on record delayed for one and a half..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122 -- Restoration of suit - Dismissal of application in default - Limitation - Period of limitation starts from `date of order' and not from `date of knowledge'...........
Civil Procedure Code, 1908, Section 148, Order 9, Rule 8, 9 -- Suit - Dismissal for default - Restoration of - Plaintiff directed to pay all costs and produce evidence by next date otherwise suit would stand dismissed - On next date, adjournment sought by plaintiff on the ground of no, availability of counsel - Prayer for adjournment rejected and suit dismissed -..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Re-admission - Means restoration for all practical purposes...........
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..........
Civil Procedure Code, 1908, Section 115 -- Gujarat Motor Vehicles Rules 1989, R. 3 - Power of Court - Suit dismissed under rule 3 - Revision thereagainst - Maintainability - Held, under rule 3, even if, neither party appears when suit is called for hearing, it is not compulsory for Court to dismiss suit - In the event of dismissal of suit, it is open to plaintiff to apply..........
Civil Procedure Code, 1908, Section 115, Order 9, Rule 4, Motor Vehicles Act, 1988, Section 68 -- Rr.213, 229 -- Motor Accident Claim Petitions - Gujarat Motor Vehicles Rules 1989, - Order passed on restoration application - Revision thereagainst - Maintainability - Held, there is no separate Procedural Law made applicable to conduct the Motor Accident Claim Petitions -..........