Search Results for "restoration of suit"

35 result(s) found

Scroll Down To Discover

Found 35 result(s)

© Image Copyrights Juris Services & Technology

High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Suit for Recovery of Money — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Dismisses Miscellaneous Second Appeal in Property Suit — Upholds Appellate Court's Reversal of Ex-Parte Decree. Restoration of Suit Ordered as Defendants Failed to Show Sufficient Cause for Non-Appearance Under Order 9 Rule 13 CPC.

The present Miscellaneous Second Appeal was filed by the appellants, who were the defendants in the original suit, challenging the judgment and decree...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Allows Appeal in Restoration of Suit Case — Defendant No.1 Succeeds in Setting Aside Appellate Decree. First Appellate Court Erred in Reversing Trial Court's Dismissal of Suit Without Proper Consideration of Evidence and Limitation Issues.

The case involves a Miscellaneous Second Appeal filed by Defendant No.1 against the judgment and decree dated 08.02.2019 passed in R.A.No.03/2009 by t...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Appeal in Property Suit, Sets Aside Order Rejecting Plaint for Non-Prosecution. Court holds that dismissal of suit for default under Order IX Rule 8 CPC is not permissible when the plaintiff's counsel is absent but the defendant is present and ready to proceed.

The appellant, Prabhudayal Pande, filed a First Appeal against an order dated 14.8.2014 passed by the 8th Joint Civil Judge (Sr.Dn.), Nagpur, in Speci...

© Image Copyrights Juris Services & Technology

Bombay High Court Restores Summary Suits Dismissed for Want of Prosecution, Imposing Costs for Non-Compliance with Directions. Non-Resident Indian Plaintiffs' Explanation of Travel Commitments Accepted as Sufficient Cause for Restoration.

The plaintiffs, Nakul Arun Jagjivan and Nayan Arun Jagjivan, filed summary suits against Ram V. Tyagrajan and another defendant, claiming recovery of ...

© Image Copyrights Juris Services & Technology

Bombay High Court Dismisses Appeal Against Restoration of Suit — Jurisdiction of Single Judge Upheld Despite Transfer of Suits to City Civil Court. Section 4A of Bombay City Civil Court (Amendment) Act, 2012 Does Not Divest High Court of Power to Restore Suits Dismissed Before Notification.

The appeal arose from an order of a learned Single Judge of the Bombay High Court allowing the respondents' notice of motion and restoring Suit No. 39...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Revision Application in Suit for Specific Performance — Court Holds That Dismissal of Suit for Default Under Order 9 Rule 8 CPC Cannot Be Converted Into a Decree on Merits Without Proper Application of Mind.

The present Civil Revision Application arises out of a suit for specific performance of contract filed by the applicant (original plaintiff) against t...