Search Results for "Restoration of suit"

Trending :

Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
Bombay High Court Upholds Conviction of Appellant for Murder Under Section 302 I...
High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "Restoration of suit"

45 result(s) found

Home Search Results

Scroll Down To Discover

Found 45 result(s)

High Court

Gujarat High Court Dismisses Second Appeal in Partition Suit Restoration Case — Upholds Rejection of Condonation of Delay of Over 10 Years. Delay of 10 years, 2 months and 6 days in seeking restoration of suit dismissed for default held not sufficiently explained, and no substantial question of law arises under Section 100 CPC.

24 Mar 2026

The present Second Appeal was filed under Section 100 of the Code of Civil Procedure, 1908 by the legal heirs of the deceased original plaintiff, Piri...

High Court

Gujarat High Court Allows Restoration of Suit Dismissed for Default Due to Petitioner's Engagement in Election Campaign and Internal Transfer of Case. The court held that the reasons constituted sufficient cause under Order IX Rule 4 CPC and that a liberal approach is warranted to avoid penalizing a litigant for his advocate's lapse.

12 Mar 2026

The petitioner, Sanjay H Patel, filed Special Civil Suit No. 416 of 2008 before the Additional Senior Civil Judge, Vadodara, against the Vadodara Muni...

High Court

Gujarat High Court Allows Restoration of Summary Suit Under Order XXXVII CPC After 669-Day Delay, Holding That Liberal Approach Is Required When Plaintiff Was Misled by Counsel. The court set aside the trial court's order dismissing the restoration application and condoned the delay, emphasizing that litigants should not suffer due to advocate negligence.

9 Mar 2026

The petitioner, P and P Packaging, filed a Special Civil Application under Article 227 of the Constitution of India before the Gujarat High Court chal...

High Court

Madras High Court Allows Restoration of Suit Dismissed for Default Due to Advocate's Negligence — Plaintiff Not Penalized for Advocate's Lapse Under Order IX Rule 9 CPC. Conditional Order Set Aside Subject to Payment of Rs.1,000 Costs.

6 Jan 2026

The plaintiff filed a civil suit in 2011 seeking declaration, permanent injunction, and alternative relief of partition. On July 27, 2016, the suit wa...

High Court

Bombay High Court Dismisses Petition Challenging Reference to Arbitration in Commercial Suit — Right to File Section 8 Application Not Forfeited Despite Expiry of Time for Written Statement. The court held that a defendant who gets an ex-parte decree set aside can still apply for arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, as the application was filed before submitting the first statement on the substance of the dispute.

26 Sep 2024

The petitioner, RBL Bank Ltd., filed a Commercial Suit No. 100234 of 2022 against the respondents for recovery of a deposit amount paid under a Leave ...

Supreme Court

Supreme Court Sets Aside Restoration of Suit at Behest of Stranger - Unregistered Agreement for Sale Does Not Confer Locus Standi to Seek Condonation of Delay. The Court held that a person not a party to the suit cannot maintain an application for condonation of delay in filing restoration, especially when an application by the legal heirs is pending.

24 Apr 2023

The Supreme Court allowed the appeal against the judgment of the Bombay High Court which had upheld the trial court's order condoning a delay of 9 yea...

High Court

High Court of Karnataka Dismisses Petition Challenging Restoration of Suit — Trial Court Has Power to Recall Dismissal Order on Same Day Under Section 151 CPC

13 Aug 2018

The petitioners, who are defendants in a suit for declaration and recovery of possession filed by the respondent/plaintiff, challenged an order dated ...

High Court

Bombay High Court Upholds Restoration of Suit Despite Plaint Rejection Under Order VII Rule 11(f) CPC — Power to Restore Exists Under Order VII Rule 13 CPC. The Court held that rejection under Order VII Rule 11(f) is not a decree and the Trial Court has jurisdiction to restore the suit upon sufficient cause being shown.

12 Sep 2017

The case arises from a dispute between family members over property. The Plaintiff (Respondent No.1) filed Special Civil Suit No.30/2012 seeking parti...

High Court

High Court Allows Appeal Against Trial Court's Order Setting Aside Its Own Restoration Order Without Jurisdiction. Trial Court Cannot Rectify Its Own Error Under Order XXXIX Rule 11(2) CPC as It Becomes Functus Officio.

28 Jun 2017

The appeal arises from an order dated 25.8.2015 passed by the Civil Judge, Senior Division, Akola in M.J.C. No. 937/2014. The appellant, Purushottam N...

High Court

Bombay High Court Allows Restoration of Suit Dismissed for Default Under Order 9 Rule 4 CPC — Sufficient Cause Shown for Non-Appearance. The court held that the trial court erred in dismissing the restoration application without properly considering the appellant's explanation of illness, emphasizing liberal construction of procedural rules.

6 Oct 2010

The appellant, Sharad Bhagwat Joshi, filed an Appeal from Order against the order dated 01 March 2003 passed by the trial court in Misc. Application N...

2 3 4 5

Full Name * Username * Mobile Number * Email Address * State/UT * City * Password * Confirm Password * Referral Code (Optional)