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Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

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High Court of Karnataka Allows Petition to Implead Legal Representatives in Suit for Partition and Injunction — Application Under Order 22 Rule 3 CPC Read With Section 151 CPC Held Maintainable Despite Dismissal of Suit for Default.

The petitioner, Smt. Savithramma (since deceased, represented by her legal representative Sri. R.M. Sudarshan), filed a writ petition under Article 22...

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Bombay High Court Allows Appeal Against Dismissal of Suit for Non-Prosecution Due to Prior Waiver of Service. The Court held that the Trial Court erred in dismissing the suit when the defendant corporation had already been directed to waive service by a prior order dated 31st March 2001.

The appellants, M/s. Ratnagiri Hotels Pvt. Ltd. and others, filed a suit (L.C. Suit No.1736 of 2001) against the Municipal Corporation of Greater Bomb...

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Bombay High Court Dismisses Appeal Against Dismissal of Restoration Application in Suit Dismissed for Default. Delay of Nearly Four Years in Seeking Restoration Not Sufficiently Explained, No Ground to Interfere with Discretion of Trial Court.

The original plaintiffs (appellants) filed a suit in 1989. The suit was dismissed for want of prosecution on 16th April 1993. Nearly four years later,...

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Bombay High Court Dismisses Appeal Against Order Holding Notice of Motion Under Order IX Rule 9 CPC Not Maintainable. Suit Dismissed Under Order XVII Rule 2 CPC on Merits Cannot Be Restored Under Order IX Rule 9; Proper Remedy Is Appeal.

The appellants, original plaintiffs, filed a suit which was dismissed by the City Civil Court on 13th August 1996. The dismissal was under Order XVII ...

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Bombay High Court Allows Appeal Against Municipal Corporation Notice for Vacating Stall, Restores Suit for Trial on Merits. Trial Court's Order Disposing of Suit Without Trial Set Aside.

The appellant, Sayed Hussein Sayed Aga, filed a suit in the City Civil Court at Mumbai challenging a notice dated 4th January 1990 issued by the Munic...