AI Overview...
- Restoration of Suit under Order 9 Rule 9 CPC - Main points and insights:
- Order 9 Rule 9 CPC provides that if a suit is dismissed for default, it can be restored if the plaintiff files an application within the prescribed period, ensuring that the suit is not barred solely due to non-appearance Gopi Halwai VS Bibi Zainab Khatoon - Patna.
- Restoration benefits all plaintiffs by allowing them to pursue their claims without losing rights due to procedural lapses, thus promoting substantive justice JADABANDNDA BBUYAN VS FIRM THE NEW ORISSA TRADING UNION - Orissa.
- Courts have the discretion to restore suits to prevent injustice to plaintiffs, especially when the non-appearance was unintentional or due to sufficient cause JADABANDNDA BBUYAN VS FIRM THE NEW ORISSA TRADING UNION - Orissa.
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The process involves an application for restoration, which must be filed promptly, and the court assesses whether the failure to appear was due to reasonable cause Gopi Halwai VS Bibi Zainab Khatoon - Patna.
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Analysis and Conclusion:
- Restoring suits under Order 9 Rule 9 CPC benefits all plaintiffs by safeguarding their substantive rights and ensuring that procedural issues do not result in the denial of justice.
- Courts emphasize the importance of equitable considerations, allowing suits to be restored if justice demands, thereby maintaining the integrity of the judicial process JADABANDNDA BBUYAN VS FIRM THE NEW ORISSA TRADING UNION - Orissa.
- Proper procedural adherence and timely applications are crucial for successful restoration, but the overarching aim is to prevent injustice caused by procedural default Gopi Halwai VS Bibi Zainab Khatoon - Patna.
References: - JADABANDNDA BBUYAN VS FIRM THE NEW ORISSA TRADING UNION - Orissa - Gopi Halwai VS Bibi Zainab Khatoon - Patna
Search Results for "Restoration of Suit under Order 9 Rule 9 Cpc Goes for the Benefit of all the Plaintiffs"
1961 0 Supreme(Ori) 84 • India - Orissa
MISRA
SUBSTITUTED SERVICE - SUFFICIENCY OF CAUSE FOR FAILURE TO APPEAR - RESTORATION OF SUIT - NECESSARY PARTIES - INCONSISTENT FINDINGS ... Whether substituted service under Order 5, Rule 20 CPC is due service for the purpose of Order 9, Rule 13 CPC and Article 164 of ... The court held that substituted service under Order 5, Rule 20 CPC is due service for the purpose of Ord....
1998 0 Supreme(Guj) 47 • India - Gujarat
N.N.MATHUR
(a) Specific Relief Act, 1963 — Sec. 6 & Civil Procedure Code, 1908 — Order 39 Rules 1 & 2 — Restoration of possession pending suit ... in directing restoration of possession. ... objection before the First Appellate Court — High Court has ample powers to treat the appeal as revision — Appellant can not take the benefit ... In my view, the appeal against the order granting injunction outside Order 39 Rules 1 and 2 of CPC is not mai....
2021 0 Supreme(Mad) 3366 • India - Madras
N.SESHASAYEE
Whether the plaintiffs were entitled to delivery of possession of the suit property. 4. ... Whether the plaintiffs were entitled to damages for the use and occupation of the suit property. ... The court also held that the plaintiffs were entitled to delivery of possession of the suit property. ... not sustainable in view of the bar under Order II Rule 2 CPC. ... 20, Rule 12, C.P.C. ... To state it....
1992 0 Supreme(Bom) 566 • India - Bombay
S.M.DAUD
Procedure Code, 1908, Order 31, Rule 1-Representation of beneficiaries in suit relating to trust property-Several beneficiaries-unit ... The exercise of the power though arising in Civil Procedure, can be said to being to the realm of criminal jurisprudence and any benefit ... Order 6, Rule 16 (As amended by Act 104 of 1976) Constitution of India-Article 215 Allegation that legal process is being abused-Court ... Plaintiff took back the plaint and represented the sam....
1974 0 Supreme(Pat) 1 • India - Patna
HARI LAL AGRAWAL
(Para 4) ... Civil Procedure Code (Act V of 1908) Order 9, Rule 9 - Plaintiff ... of the suit - Order so passed, whether revives automatically on the restoration of the suit. ... be revived on merely restoration of the suit otherwise it was bound to create injustice to the defendant and the plaintiff landlord ... Taking this view, his Lordship came to the conclu....
2015 0 Supreme(Gau) 888 • India - Gauhati
N.CHAUDHURY
Procedure Code,1908 - Order IX Rule 9 - Possession of land he obtained mutation - Jurisdictional District Judge seeking probate ... mere production and proof of may not entitle plaintiff to get relief for declaration in suit - Thus although trial court declared ... title of plaintiff to suit land on basis of Exhibit relevant questions raised by defendants have not been decided - Perhaps these ... Plaintiff filed an application under Order#H....
• India - Current Civil Cases
ABHAY M.NAIK
proved—Suit filed in September for restoration of possession and removal of illegal construction—Suit filed on 18.10.2006—Amendment ... Specific Relief Act, 1963—Section 6—Restoration of possession and removal of illegal construction—Plaintiff’s construction removed ... forcefully and illegally by the defendant—Construction of two pacca rooms inside the house—Possession of plaintiff till 6th August ... I may. derive benefit from the decision of the Supreme court in th....
1928 0 Supreme(Mad) 107 • India - Madras
PHILLIPS, DEVADOSS
51 and Order 40 Rule 1 of the Civil Procedure Code, and the effect of the dismissal and restoration of the suit on the attachment ... , Rule 1, Civil Procedure Code. ... Attachment - Recovery of Promissory Note - Order 21 Rule 51, Civil Procedure Code - The court held that the pro-note sued on was ... Here, in this case, the suit was dismissed for default of plaintiffs appearance....
2013 0 Supreme(Del) 1026 • India - Delhi
S.RAVINDRA BHAT, NAJMI WAZIRI
Civil Procedure Code, 1908 - Order 7 Rule 13, Order 23 Rule 1, Order 9 Rules 4 and 5 - Rejection of plaint ... - Effect of previous suit - Suit is claimed for partition - Previous suit had been contested to the framing of issue - Plaintiffs ... to safeguard the plaintiffs' rights in some manner - There is neither irregularity nor unreasonableness either in the approach of ... opi....
2018 0 Supreme(Mad) 4498 • India - Madras
M.SUNDAR
- Plaintiff claims that they have copyright also in artistic work in suit TM - Plaintiff Sons Private Ltd has benefit of a Trademark ... Civil Procedure Code,1908 - Order XXXIX - Rule 2-A - Applications - Suit for complaining of wilful disobedience ... XXXIX Rule 2-A CPC and other analogous provisions are indented to maintain majesty of judicial order to preserve rule of law and ....
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