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that the interlocutory order is automatically
revived on restoration of suits.
In Bankim Chandra and Others Vs. Chandi Prasad ... ancillary orders
should be restored on the suit's
restoration without any further
orders."
The question as to whether
Supreme Court of India
Procedure. On the same
date an application for restoration of the suit was made by him
under Rule ... made
under Rule 9 of Order 9 for restoration of suits dismissed for
default); but that such applications could
Madhya Pradesh High Court
applied to such an application seeking restoration of suit ?
The answer to the question, so raised, is not very ... logically follows that since an application seeking restoration of suit
under Order 9, Rule 9 is not an extension
Gauhati High Court
revision. Since the probate applications are treated as
suits, the restoration of the probate application which is commonly known ... been held that
the limitation provided for seeking restoration of suit dismissed for default of appearance is 30
days from
Kolkata High Court (Appellete Side)
Order 9. Rule 9 of the Code for restoration of a suit dismissed
for default has itself been dismissed ... application under Order 9, Rule 9 for
restoration of a suit dismissed for default it itself dismissed for
default
Calcutta High Court
there could be no
question of any restoration of the suit dismissed in part for default.
At least, such would ... suit and for obvious reasons no application for
restoration of the suit would lie. The decision is no authority
Calcutta High Court
Code and making a prayer for restoration
of the suit in question. On the basis thereof, a miscellaneous case ... Rule 9 which are the two provisions for restoration. A suit dismissed
under Rule 2 or under Rule 3 does
Patna High Court
vigilant to file application for
restoration of suit. It is only after a gross and inordinate delay
of 5 years ... days in filing an application
for restoration of suit dismissed for non prosecution.
Before
adverting to the main issue
Gujarat High Court
default thereof, directing the
plaintiff's application for restoration of the suit to stand dismissed
for non-prosecution with ... stated above, when the application for restoration of the suit
was moved the learned Judge made the aforesaid conditional order
Calcutta High Court
Mahajabeen Simon v.
Fayaz Ahfnad Simon for restoration of suit titled as Mahajabeen Simon
v. Fayaz Ahmad Simon stands rejected ... question would be that for proceeding in the suit after restoration,
notice to the defendant is necessary. We accordingly answer
Jammu High Court
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