Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Application filed for restoration of appeal should not be dismissed only on the basis of previous conduct of appellant...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Application for restoration of appeal filed within 30 days from the date of dismissal of appeal for non-prosecution - It is appellant's first appeal against judgment and decree passed by Court below - Dispute is with regard to immovable property - Appeal restored subject to costs..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal - Decided on merits - Mere fact that appeal has been decided on merits and not dismissed in default cannot be a ground to refuse restoration of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Correction of error in restoration application for restoration of appeal dismissed in default - Court below committed error by rejecting said application for correction on the ground that said application was not maintainable rather application should have been filed under provisions of O.22.R.4 and O.6.R.17 CPC - Impugned..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 17, 19 -- Restoration of appeal dismissed in default - Appellant was not present on the date when case was called, therefore appellate Court dismissed the appeal - However, in a case on a particular fixed date of hearing, if appellant or his counsel do not appear then also Court committed error in dismissing the case..........
Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay in filing application U.O.41.R.19 CPC - Restoration application though required to be filed within 30 days from date of dismissal of appeal, but same was filed with a delay of about 22 months - No cause much less sufficient..........
Civil Procedure Code, 1908, Order 21, Rule 35, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Issuance of warrants of possession - Cancellation of - Suit for possession by way of ejectment - Appeal against decree dismissed in default - Pendency of restoration application in appeal - Mere pendency of restoration application in appeal is not a valid..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Earlier adjournments granted in appeal, ought not to be taken into account by Court while considering whether or not to set aside order dismissing default passed by it, because only cause for absence on that day is required to be gone into...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - There is no requirement of law that appellants in appeal should be present when appeal is taken up for hearing because having engaged a counsel who has to argue the appeal, appellants need not be physically present in Court - View of Court below that appellants should have..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Appeal dismissed in default because counsel engaged by appellants could not be present, as he has to admit his son in Engineering course - Application for restoration of appeal filed within 30 days from dismissal of appeal - Court below ought to have taken into account the..........
