Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Possession of plaintiff over suit property is not disputed - Necessary consequences of declaring general power of attorney and lease deed executed in favour of plaintiff was restoration of possession - However, defendant failed to seek consequential relief of restoration of possession - Counter claim seeking..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 12 years 158 days in filing application for restoration of Writ Petition - Appellants have failed to prove that they were reasonably diligent in prosecuting the matter - Delay should not be excused as a matter of generosity - Delay cannot be condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 12 years and 158 days in filing restoration application - Litigation between parties started sometime in 1981 - Almost 43 years have elapsed - However, till date respondent has not been able to reap the fruits of his decree - It would be mockery of justice if delay of 12 years and 158 days is condoned -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing application for restoration of suit dismissed in default - Petitioner pleaded that she is a diabetic patient and was taking treatment from hospital - However, ailments which have been mentioned are not such which would restrain petitioner from diligently prosecuting her case - Moreover, nothing..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-appearance of counsel cannot be said to be unintentional or bonafide - Said fact is substantiated from the fact that no affidavit of counsel has been annexed with the application - It shows that plaintiff did not instruct his counsel and hence, counsel was left with..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-appearance of counsel cannot be said to be unintentional or bonafide - Said fact is substantiated from the fact that no affidavit of counsel has been annexed with the application - It shows that plaintiff did not instruct his counsel and hence, counsel was left with..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay is of only 17 days - Counsel for appellant met with an accident and he remained hospitalized for 3 days - Considering the period of 22 days for obtaining certified copy of order dismissing suit, delay of 17 days condoned - Suit restored...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Ample opportunities were given to plaintiff to lead evidence for a period of more than two years - Advocate of plaintiffs has taken more than six opportunities to file evidence during said period, but did not file it - Plaintiffs with intention to delay the Court proceedings and not..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Ample opportunities were given to plaintiff to lead evidence for a period of more than two years - Advocate of plaintiffs has taken more than six opportunities to file evidence during said period, but did not file it - Plaintiffs with intention to delay the Court proceedings and not..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, Rule 22(3)(1) -- Property of mother - Eviction of son and daughter-in-law - Property has been allegedly purchased by father in the name of mother through general power of attorney and other supporting documents - Though..........
