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Whether a suit dismissed in default can be restored without notice to the defendant or his counsel, if the defendant and his counsel was not present on the date of dismissal of the suit in default?

Whether a suit dismissed in default can be restored without notice to the defendant or his counsel, if the defendant and his counsel was not present on the date of dismissal of the suit in default? Correct Answer Yes

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The defendant had filed a complaint to the Magistrate against the plaintiff. The complaint was dismissed. The defendant moved the Sessions Judge in appeal. He got himself examined in Sessions trial although he knew the charge was false and he was acting without reasonable and probable cause. His complaint was dismissed by the Session Judge. Thereupon the plaintiff filed a suit for malicious prosecution against the defendant.
In the aforesaid case, which one of the following conclusion in correct?
The different variant of Date() constructor to create date object is/are ___________ i. new Date(date) ii. new Date(milliseconds) iii. new Date(date string) iv. new Date(year, month, date)
A suit was instituted impleading the defendants in a representative capacity. Publication of the notice of the suit was made in a leading daily as directed by Court while granting permission under Order I, Rule 8. Later on the suit happened to be dismissed for default. Plaintiff filed application under Order IX, Rule 9 to restore the suit. Is it necessary to direct publication of the notice regarding the restoration application also in a leading daily to have effective service on all the persons interested?
A suit may be dismissed under Order 9 of Code of Civil Procedure, 1908:
1. Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons.
2. Where neither the plaintiff nor the defendant appears.
3. Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons.
4. Where on the date fixed for hearing in a suit only defendant appears and he does not admit the plaintiffs claim.
A civil suit was repeatedly fixed by the trial court for examination of the defendant's witnesses but the said opportunity was not availed by the defendant, therefore on 18th November 2016 when neither the defendant nor his counsel had appeared, the trial court had proceeded ex parte and heard the final arguments and reserved the case for judgement. On 28th November 2016 the defendant had filed an application under Order 9 Rule 7 read with section 151 of the Code of Civil Procedure which is
To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition
The plaintiff in a suit, onus of all the issues framed wherein is on the plaintiff, during the cross-examination of the defendant and his witnesses produces documents not filed earlier and not executed by the defendant or his witnesses and puts to the defendant and his witnesses the said documents. The said documents are not admitted or acknowledged by the defendant and/or his witnesses and are not admitted into evidence though remain on record.
Given below are quantities named A,B and C. Based on the given information, you have to determine the relation between the quantities. You should use the given data and your knowledge of mathematics to choose among the possible answer. Akash’s present age is six years less than Badshah’s age after nine years. The ratio of present age of Badshahand RAFTAAR is 5:9. Raftaar is 21 years younger than Denny and Denny is three years older than Honey. Square of the Honey’s present age is 1350 more than 15 times of Honey’s present age? Quantity A: What is the difference between AKASH’s present age and HONEY’s age after 16 years? Quantity B: After 6 years Mankirat’s age is twice that of Akash’s present age. Diljeet’s present age is 3.5 times of 25% of sum of present age of Mankirat and A. What is the present age of Diljeet? Quantity C: Twice of A’s present age is eight years more than that of Babbu’spresent age, then find the Babbu’s present age?
In a suit for recovery of Rs. 25 lakh, the Defendant files its written statement and pleads that it does not owe any money to the Plaintiff but in fact, it is entitled to recover the sum of Rs. 40 lakh from the Plaintiff. The Defendant, however, does not file a counter claim. Can the Defendant file the counter claim at a subsequent stage in the suit or file a fresh suit seeking recovery of Rs, 40 lakhs?
In a suit filed by the plaintiff, the defendant in his written statement has taken the objection of non-impleadment of necessary party. Despite such objection the plaintiff continued the suit and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The period spent by the plaintiff in the earlier suit, under section 14 of Limitation Act is