Co-owner -- Suit for declaration - Maintainability of suit - If defendant is in possession and suit has not been filed for restoration of possession but merely for a declaration, then such a suit would not be maintainable...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 5(1) -- Restoration of suit dismissed in default - Court has inherent power to restore suit dismissed in default U.O.9.R.5(1) CPC...........
Land Acquisition Act, 1894, Section 4, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24, 3(r), 3(c) -- Subsequent purchaser - Subsequent purchasers cannot be said to be landowners entitled to restoration of land and cannot be termed to be affected persons within provisions of Act of 2013 - It is not open..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Dispossession in violation of order of injunction - Court can order restoration of possession u/s 151 CPC and O.39.R.2-A CPC is not a bar for the exercise of this power...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Dismissed in default - Suit dismissed on three occasions - Court allowed restoration application twice and dismissed the same on third occasion - Stage of suit was for filing replication, however, same was not filed on all three occasions - Conduct of plaintiff highly depreciable - Replication not even..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint - Restoration of complaint - It appears that despite the complainant having taken all measures within his power person representing him did not file the process fee for issuance of summons and did not appear for the complainant on date of dismissal of the petition - Dismissal of..........
Adverse possession -- Perfection of title by adverse possession - Once the right, title or interest is acquired it can be used as a sword by plaintiff as well as a shield by the defendant within ken of Article 65 of Limitation Act and any person who has perfected title by way of adverse possession can file a suit for restoration of possession in case of dispossession...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - Complainant pursuing his case for 7 years and remained absent on three consecutive dates due to medical ailment - There was no reason to disbelieve certificate issued by doctor merely because it was issued by dentist - Complainant is a senior citizen who..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 17 - - Restoration of land - Development charges - 97.1% land was acquired for development purpose - Small portion of land including land of respondents not planned, as there were buildings on such areas - However, that does not mean that appellant have not carried out any..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1514 days in filing application for restoration of suit dismissed in default - Plaintiff pleaded that suit dismissed for default as he was in coma - However, plaintiff completely failed to produce any evidence with respect to his assertion that he was in coma, which prevented him from filing application for..........
