Search Results for "second restoration application"

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Search Results for "second restoration application"

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High Court

High Court of Bombay at Aurangabad Hears Civil Revision Application Against Condonation of Delay and Restoration of Suit for Specific Performance Dismissed in Default. The Trial Court's Order Condoning Delay of 5 Years 9 Months and Restoring Suit Under Order IX Rule 9 CPC is Challenged on the Ground of Bar to Second Restoration Application.

14 Aug 2013

The dispute arose from a suit for specific performance (Spl.C.S. No.74/1997) filed by the respondent’s father (since deceased) against the revision ...

High Court

Bombay High Court Dismisses Revision Against Condonation of Delay in Restoration of Suit — Limitation Period for Filing Restoration Application Not Governed by Article 137 of Limitation Act, 1963. The court upheld the trial court's order condoning a 10-year delay in filing restoration application, holding that Article 137 does not apply to restoration applications and the court has inherent power under Section 151 CPC.

14 Dec 2022

The present Civil Revision Application was filed by the applicants (original defendants) challenging the judgment and order dated 04.05.2022 passed by...

High Court

Bombay High Court Allows Restoration of Service Matter Dismissed for Default Due to Advocate's Negligence — Delay Condoned in Interest of Justice. Petitioner's Original Application under Article 227 of Constitution of India was dismissed for non-prosecution; Court held that litigant should not suffer for advocate's fault and restored the matter on merits.

12 Feb 2024

The petitioner, Ashish Namdeo Sonkamble, applied for the post of Assistant Police Sub-Inspector (Radio Mechanic) and Police Constable (Wireless Operat...

Supreme Court

Supreme Court Allows Restoration of Civil Suit Dismissed for Default — Appellant's Diligence in Pursuing Restoration Application Evident from Rojkam Order Sheet. The Court held that the Trial Court and High Court erred in dismissing the restoration application under Order IX, Rule 9 CPC, as the plaintiff demonstrated consistent presence and interest.

9 Jan 2019

The appellant-plaintiff filed Civil Suit No. 217 of 1994 for declaration and injunction regarding a plot of land. The suit was dismissed for default o...

High Court

Gujarat High Court Allows Restoration of Suit Dismissed for Default, Condoning Delay of Over 4 Years Due to Sufficient Cause. The Court held that the Trial Court's rejection of condonation was perverse and that a liberal approach is warranted under Order IX Rule 9 CPC and Section 5 of Limitation Act.

17 Mar 2026

The petitioner, heir of the original plaintiff, filed a Special Civil Application under Articles 226 and 227 of the Constitution of India challenging ...

High Court

Bombay High Court Dismisses Interim Application for Restoration of Writ Petition in SEBI Matter — No Case Made Out for Review or Recall of Final Order. Court holds that an interim application seeking restoration of a disposed writ petition is not maintainable when the main petition was disposed of by consent and no grounds for review or recall exist under Order 47 Rule 1 CPC or inherent powers.

22 Dec 2023

The Bombay High Court dismissed an interim application filed by the original petitioners (minority shareholders of Bharat Nidhi Ltd. - BNL) seeking re...

High Court

Bombay High Court Dismisses Revision Against Condonation of Delay in Restoration Suit — Election of Remedies Under Order IX Rule 4 CPC Not Applicable. The court held that the remedies under Order IX Rule 4 CPC are not mutually exclusive and a party may pursue both fresh suit and restoration application simultaneously.

5 Nov 2014

The case involves a civil revision application filed by the applicant (original defendant) against an order dated 08/08/2013 passed by the Civil Judge...

Supreme Court

Supreme Court Allows Restoration of Land Under West Bengal Restoration of Alienated Land Act, 1973 — Transfer in Distress and Agreement for Reconveyance Established. The Court held that transferors' stated purposes constituted distress and the agreement for reconveyance was valid, entitling them to restoration under Section 4 of the Act.

2 Nov 2020

The case involves an appeal by the original transferors of land (Renuka Dey and others) against the dismissal of their application for restoration of ...

High Court

Bombay High Court Allows Restoration of Complaint Under Section 138 of Negotiable Instruments Act Despite Dismissal for Default — Magistrate Has Inherent Power to Restore Complaint Dismissed Under Section 256 CrPC

28 Jul 2011

The applicant, Ramdas Bhagwan Bankar, filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, against respondent no.1, K...

High Court

Bombay High Court at Goa Quashes Trial Court Order Directing Hearing of Restoration Application Without Framing Points of Determination — Violation of Order XIV Rule 3 CPC Mandates Points for Determination in Restoration Proceedings. The Court held that Order XIV Rule 3 CPC applies to applications under Order IX Rule 9 CPC, and the Trial Court must frame points for determination to ensure a focused and fair adjudication.

10 Jul 2026

The Petitioner, M/s. Timblo Enterprises, a sole proprietary concern, filed a Writ Petition before the Bombay High Court at Goa challenging an Order da...

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