Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Restoration of suit dismissed for default - Default in appearance took place due to inadvertent mistake on the part of counsel of plaintiff and not a deliberate mistake - Said default has been justified by giving cogent reasons - Bona fides of plaintiff are borne out from the fact that he had deposited heavy Court fee and..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Suit for permanent injunction and restoration of possession - Defendant/transferee has taken possession of suit property in part performance of contract - However, defendant not pleaded that he is ready and willing to perform his part of contract - Defendant ought to have sent a written..........
Court Fees Act, 1870, Section 7 -- Suit for permanent injunction and restoration of possession - Deficient Court fee - Suit dismissed by trial Court on the ground that relief of recovery of possession has not been valued properly and no Court fees has been paid for the same - However, Court ought to have granted time to plaintiff to correct valuation - Findings of Courts..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 38, Adoption Regulations, 2017, Rule 7 -- Declaration as to child free for adoption - Live-in-relationship couple - Child to be treated as born to a married couple - Mother of child executed deed of surrender and gave child in adoption - U/r 7 of Adoption Regulations, if a child born to a married couple..........
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, 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..........
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..........
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..........
