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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.

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

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Gujarat High Court Allows Appeal in Recovery Suit, Sets Aside Dismissal for Non-Prosecution. The Court restored Civil Suit No. 2037 of 1998 to the file of the City Civil Court, Ahmedabad, holding that the dismissal for default was not justified given the long pendency of the suit.

The appellant, Abhishek Finlease Ltd., filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree...

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Gujarat High Court Allows Restoration of Suit Dismissed for Default Due to Counsel's Negligence. Negligence of Advocate Constitutes Sufficient Cause for Condonation of Delay Under Section 5 of Limitation Act, 1963 and Order 9 Rule 13 CPC.

The petitioners, legal representatives of Sardar Himmatbhai Khokar, filed a Regular Civil Suit No.794 of 2002 seeking cancellation of a sale deed date...

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Bombay High Court Allows Restoration of Suit Dismissed for Default Against Legal Heirs of Deceased Defendant. Order 22 Rule 4 CPC does not require separate summons to legal representatives already on record, and dismissal for default was improper.

The petitioner, Samaj Bhushan Griha Nirman Sahkari Sanstha, filed a suit for specific performance of an agreement dated 16/05/1988 against Shankar Nag...

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Bombay High Court Allows Revision Against Ex-Parte Decree in Possession Suit — Defendant Denied Opportunity to Cross-Examine Due to Non-Prosecution of Suit. Trial Court Erred in Dismissing Suit for Default and Then Restoring It Without Notice to Defendant, Violating Principles of Natural Justice.

The petitioner, original defendant in R.C.S. No. 96 of 2007, challenged the ex-parte decree passed by the Civil Judge, Junior Division, Chalisgaon. Th...

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Bombay High Court Allows Petition to Set Aside Ex Parte Restoration Order Due to Misleading Adjournment — Defendants Denied Opportunity of Hearing. Court holds that restoration of suit without notice to defendants violates principles of natural justice and Order IX Rule 13 CPC.

The petitioner, Patel Engineering Limited, was the original defendant in Short Cause Suit No.2987 of 2002 filed by the respondent, United Real Estate ...

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Bombay High Court Dismisses Appeal Against Dismissal of Suit for Default Due to Non-Prosecution. Suit Dismissed for Want of Prosecution as Plaintiff Failed to Appear Despite Multiple Adjournments.

The appellant, Sports Field Construction, a partnership firm, filed L.C. Suit No. 1407 of 1994 against the respondents, including the Bombay Municipal...

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Bombay High Court Allows Appeal in Suit for Possession and Mesne Profits — Held that the Trial Court Erred in Dismissing Suit for Non-Prosecution Without Considering Merits and That the Suit Was Not Abated Despite Death of Sole Proprietor as Legal Representatives Were Brought on Record.

The present appeal arises from a suit filed in 1983 by the original plaintiffs (respondents herein) against the original defendant, Bitesh Hanumantrao...