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august 2008

Supreme Court of India · 2008-08-01

CHIRANJI LAL vs PREM LAL

Citation / case number
SC 2006/3152
Court
Supreme Court of India
Petitioner
CHIRANJI LAL
Respondent
PREM LAL
Author
S.B. SINHA,CYRIAC JOSEPH, , ,
Bench
S.B. SINHA,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court held that the dismissal of a suit for default does not preclude the filing of an application for restoration, as per Order IX Rule 4 of the Code of Civil Procedure. The Court found that the application for restoration did not require the signature of the parties involved, referencing Rules 27 and 29 of the General Rules (Civil), 1957. The Court concluded that the lower courts erred in rejecting the application on procedural grounds, and thus ordered the restoration of the suit.

CHIRANJI LAL vs PREM LAL · Niyam