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Friday, December 12, 2025

PLRonline.in

CPC O. 9 R. 9 – Dismissed in default – Date of knowledge – Wrong noting of date – Suit restored subject to cost. [PLRonline #447676]

Limitation of 30 days for seeking restoration -- Explanation that on 16.08.2022, plaintiff was informed next date of hearing as 01.11.2022, and therefore, only on 01.11.2022, he came to know of the actual date of hearing was 01.09.2022 -- Plaintiff is owning the mistake committed by him cannot be denied with his/her rights, without its adjudication in accordance with law.

October 22, 2023

in CPC

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CrPC S 451 – Supardari – Sale – Financer – Hypothecated vehicle – Permissible – Banks/ Financers application for permission to sell the tractor could not have been declined on the sole ground and that it was case property. [PLRonline #212801]

CrPC S. 210 – FIR already registered – Private complaint – Magistrate issuing summoning order – It was incumbent upon the trial Court to stay the proceedings of the inquiry/trial and call for a report on the matter from the Police Officer conducting the investigation – Summoning order passed in derogation of the procedure as prescribed under Section 210 Cr.P.C. – Quashed. [PLRonline 418666]

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CrPC S. 210 – FIR already registered - Private complaint – Magistrate issuing summoning order - It was incumbent upon the trial Court to stay the proceedings of the inquiry/trial and call for a report on the matter from the Police Officer conducting the investigation - Summoning order passed in derogation of the procedure as prescribed under Section 210 Cr.P.C. – Quashed. [PLRonline 418666]

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