AI Overview...
- Restoration of Suit - Main points and insights:
- Under the Civil Procedure Code (CPC), specific provisions such as Order 9 Rule 9 and Order 9 Rule 4 govern the restoration of suits dismissed for default or non-prosecution NAGINBHAI DEVSHIBHAI SANGHVI VS RAMNIKLAL PAUN - Gujarat, Haridas Das VS Santa Rani Das - Gauhati, Siban Mahto VS Ramdhani Singh - Patna, Krishan Chander Sareen VS Saroj Sareen - Punjab and Haryana, Manjit Kaur VS Darshan Singh - Current Civil Cases, SAMUSUNISHA BEGAUM W/O DR NASARULLAHKHAN DHANIANI VS VISHNUKUMAR AMBELAL PATEL - Gujarat.
- Suit dismissed for non-payment of process fees or default can be restored if the application is filed within the prescribed limitation period, and the court finds sufficient cause or error in dismissal NAGINBHAI DEVSHIBHAI SANGHVI VS RAMNIKLAL PAUN - Gujarat, Krishan Chander Sareen VS Saroj Sareen - Punjab and Haryana, Manjit Kaur VS Darshan Singh - Current Civil Cases.
- Restoration is not available merely because a suit was dismissed in default; the applicant must demonstrate valid reasons or procedural errors Siban Mahto VS Ramdhani Singh - Patna, SAMUSUNISHA BEGAUM W/O DR NASARULLAHKHAN DHANIANI VS VISHNUKUMAR AMBELAL PATEL - Gujarat.
- In cases where suits are dismissed erroneously or due to compromise, specific provisions like Order 9 Rules 8 and 9 are applicable, and the court's power to restore depends on the nature of the dismissal C. Varghese Mathai VS Varghese C. Philippukutty - Kerala.
- There is no general provision for restoring suits dismissed for reasons other than default or non-prosecution, but courts have exercised inherent powers under Section 151 CPC in certain circumstances KALIPADO GHOSH VS ABHOYABALA DASSI - Calcutta.
- Appealability of orders dismissing restoration petitions depends on the grounds and provisions invoked; incorrect citation of legal provisions can render orders invalid Haridas Das VS Santa Rani Das - Gauhati, Kesar Singh VS Nirmala Devi - Punjab and Haryana.
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Limitation periods for filing restoration applications are governed by the Limitation Act, e.g., Article 163, and courts consider whether applications are filed within such periods RAJA RAM ADULT VS LAKSHMI NARAIN ADULT - Allahabad.
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Analysis and Conclusion:
- The CPC provides clear procedural provisions (notably Order 9 Rules 4, 8, and 9) for the restoration of suits dismissed for default or non-prosecution, emphasizing the need for timely applications and valid reasons.
- Courts have the authority to restore suits if dismissals are found to be erroneous or procedural errors are identified, but such restoration is subject to strict adherence to procedural timelines and substantiation of grounds.
- In cases where specific provisions do not explicitly cover a dismissal, courts may rely on inherent powers under Section 151 CPC, but this is exercised cautiously.
- Proper citation of applicable provisions is crucial; incorrect references can invalidate orders or lead to legal challenges.
- Overall, the restoration of dismissed suits under the CPC is a procedural remedy aimed at preventing miscarriage of justice, provided the applicant complies with procedural requirements and demonstrates sufficient cause.
Search Results for "Restoration of Suit Dismissed Provision under Civil Procedure Code"
1981 0 Supreme(Guj) 33 • India - Gujarat
A.M.AHMADI
Code the provisions of apply and an application for restoration of suit under that provision is clearly maintainable - trial Judge ... trial Judge was clearly in error in holding that suit was dismissed latter provision - Once it is found that the suit was dismissed ... dismissed on is therefore obvious that suit was dismissed for non-payment of process fees and....
1991 0 Supreme(Gau) 222 • India - Gauhati
D.N.BARUAH
He filed a petition for restoration of the suit under Order 9 Rule 9, which was also dismissed for default. ... CIVIL PROCEDURE CODE - ORDER 9 RULE 9 - RESTORATION OF SUIT - APPEALABILITY OF ORDER - ORDER DISMISSING APPLICATION FOR RESTORATION ... He then filed another petition for restoration of the earlier petition, which was also dismissed. ... It is now settled that as per provision of section 141 of the #HL_ST....
1979 0 Supreme(Cal) 361 • India - Calcutta
SUDHINDRA MOHAN GUHA
Restoration - Suit Dismissed for Non-Prosecution - Interpretation of Section 151 C. P. C. ... C. despite the absence of specific provisions for restoration of a suit dismissed for non-prosecution. ... Ratio Decidendi: The court held that in the absence of specific provisions for restoration of a suit dismissed for non-prosecution ... The suit in question was #H....
2011 0 Supreme(Ker) 997 • India - Kerala
K.T.SANKARAN
Civil Procedure makes a specific provision for restoration of a suit, whether S.151 of the Code of Civil Procedure can be resorted ... for restoration of a suit which was dismissed erroneously on the basis of a compromise entered into between the parties before the ... For restoration of such a suit, Rr.8 and 9 of O.IX of the Code of Civil Procedure would have no application. ... Rule 9 Order 9 of the Civ....
1972 0 Supreme(Pat) 15 • India - Patna
N.L.UNTWALIA
was no specific provision in the Code for dealing with an application under Order 9, Rule 4 of the Code, either dismissed on merit ... Fact of the Case: The plaintiff's suit was dismissed for default, and the plaintiff filed an application for restoration ... of the suit, which was dismissed by the court below on the grounds of limitation and availability of other remedies under the Code ... Merely because there ....
2016 0 Supreme(P&H) 2726 • India - Punjab and Haryana
REKHA MITTAL
Payment of Publication charges--If a suit is dismissed under Order 9 Rule 2 CPC, the plaintiff can seek its restoration by invoking ... (A) Civil Procedure Code, 1908, O.9 R.2--Dismissal of Suit--Non payment of publication charges--Provision is applicable to a suit ... the provisions of Order 9 Rule 4 CPC or file a fresh suit within the stipulated period of limitation. ... If a suit#HL_E....
2018 0 Supreme(P&H) 4257 • India - Punjab and Haryana
RAJ MOHAN SINGH
The lower Appellate Court dismissed the appeal, citing the wrong provision of CPC. ... Issues: The main controversy involved the restoration of the suit dismissed in default and the incorrect citing of the provision ... Restoration - Suit Dismissed in Default - The court considered the legality and propriety of the order dismissing the suit in ... District Judge, Panchkula, but the same was held ....
1957 0 Supreme(All) 217 • India - Allahabad
MUKERJI
INDIAN SUCCESSION ACT - REVOCATION OF PROBATE - RESTORATION OF DISMISSED APPLICATION - LIMITATION - ARTICLE 163 OF THE LIMITATION ... The appellant filed an application for restoration of the dismissed application, which was rejected by the District Judge. ... Whether Article 163 of the Limitation Act applied to the appellant's application for restoration of the dismissed application for ... Bhagelu Ram, ILR 47 All 878: (AIR 1925 All 773) (A), wherein it was said by a Bench of two Judg....
• India - Current Civil Cases
JASWANT SINGH
making and application is under Order IX, Rule 4, CPC—Relevant provision for restoration of suit is Order IX, Rule 4, CPC and not ... Civil Procedure Code, 1908, Order IX, Rule 4—Order XVII, Rules 1 and 2— Suit for possession of land—Dismissed in default for want ... Order XVII, Rule 2, CPC—Impugned order of trial Court set aside— Suit restored. ... It is argued by learned counsel for the petitioner that learned tr....
2012 0 Supreme(Guj) 279 • India - Gujarat
J.B.PARDIWALA
Suit for non prosecution –Held, Court hold that the application for restoration of suit dismissed for default along with an application ... without first being actually brought on the record as legal representatives – second contention will not hold good in light of the provision ... Civil Procedure Code – Section 146 – Constitution of India – Article 227 – Limitation Act –section 5 – Delay ... The relevant provision of the C.P.C., i.e. Order 41 Rul....
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