Criminal Procedure Code, 1973, Section 125(3) -- Proviso - Maintenance - Recovery - Application dismissed on account of failure of respondent to appear - Second application must be treated as one for restoration or revival of the earlier application...........
Motor Vehicles Act, 1939, Section 110A, Constitution of India, 1950, Article 227 -- Claim petition - Dismissed in default - Restoration - Held, procedural provisions of the Civil Procedure Code cannot be used as a mandatory bar where the interests of justice require that the proceedings must be restored - Order restoring application not interfered with under Art.227 of the..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration application - Fresh power of attorney is not required...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Tenant residing in upper floor flats - Stoppage of water supply - Ground of failure of pump set - Ulterior motive alleged by tenant - Alternative arrangement of water supply by landlord at ground floor - Not sufficient - Temporary injunction directing restoration of water supply either by repairing or replacing pumpset can be..........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Dismissal of suit for default - Restoration - Condonation of delay - Plea that plaintiff was sick from date of hearing till date of restoration application - It amounts to plea of explaining default within meaning of 0.9.R.4 CPC & S.5 Limitation Act - Application has to be disposed of on merits..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of restoration application dismissed for default - Procedure provided for restoration of suit applies...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 137 -- Restoration of restoration application - Limitation for filing such application is governed by Art 137 of the Act and could be filed within a period of three years...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Lawyer's strike - Non appearance of counsel - Ground of non appearance of counsel is not available for restoration...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Petitioner not approaching with clean hands - Petition cannot be restored...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Land reference - A reference Court cannot dismiss a Land Acquisition case for no, appearance under order 9 Rule 8 CPC and therefore an application under Order 9 Rule 9 CPC is not maintainable - Restoration can be allowed by invoking inherent powers of Court under S.151 CPC...........
