High Court of Bombay Dismisses Appeal from Order Challenging Restoration of Suit Dismissed for Default; Holds Order Not Appealable Under Order 43 Rule 1(d) CPC. Order allowing restoration of suit dismissed under Order 9 Rule 3 for non-appearance of both parties is not an appealable order, and restoration on payment of costs was just and equitable.
25 Aug 2011The judgment deals with an appeal from order challenging the restoration of a suit dismissed for default. The respondent had filed a suit on 10.06.200...
