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Documents citing Hariba Tatyaba More (Decd.)By ... vs Dada Ekhatnath More And Ors on 16 October, 2019

Brijendra Prasad Dubey vs Shobhnath Mishra (Dead) Through Lrs. ... on 28 August, 2023

Shri Mishra has placed reliance on the judgment of the Bombay High Court in case of Hariba Tatyaba More (Died) through LRs Vs. Dada Ekhatnath More, 2019 (6) ABR 473, wherein it is held that suit dismissed under Order 9, Rule 5(1), CPC can be restored in exercise of inherent powers if sufficient cause is shown by the plaintiff. Previous conduct of plaintiff and inconvenience cause to the defendant are also required to be considered before exercising inherent powers.
Madhya Pradesh High Court Cites 3 - Cited by 0 - V Agarwal - Full Document

Eepc India (Formerly Engineering ... vs Niraj Kumar Dubey And Ors on 27 June, 2024

Court in Hariba Tatyaba More (supra) has put a caveat on exercise of power under Section 151 of the Code in restoration of the Suit dismissed under Order IX Rule 5 of the Code by observing that the Plaintiff must show sufficient cause. Inviting my attention to ground clause J of the petition, he would submit that Petitioner has admitted commission of procedural lapses. That no sufficient cause is shown for delay of over three years in not taking any steps for service of Suit summons on Defendant No.1(c). That even till date, no application is filed by Plaintiff for service of summons on Defendant No.1(c). That therefore, the impugned orders passed by the Small Causes Court do not warrant any interference so long as it is established that there is no improper exercise of jurisdiction by it. He would therefore submit that this Court need not entertain the present Petition and exercise the jurisdiction of Certiorari since the impugned orders are passed by the Small Causes Court by proper exercise of jurisdiction vested in it. He would pray for dismissal of the Petition.
Bombay High Court Cites 4 - Cited by 0 - S V Marne - Full Document

Govind Shivram Kadam And Ors vs Sou. Maya Sashikant Pawar And Ors on 6 December, 2023

reported in 2020 (2) ALL MR 823 (FB). Full Bench of this Court in 1 ::: Uploaded on - 06/12/2023 ::: Downloaded on - 08/12/2023 08:26:39 ::: 36-wp1183-2022.doc the said judgment has held that the Court has power to restore such suit in exercise of power under Section 151 of the Code of Civil Procedure, 1908. Therefore, the order passed by the Trial Court deserves to be quashed and set aside.
Bombay High Court Cites 3 - Cited by 0 - A B Borkar - Full Document

Veena Tulshiram Kokate And Others vs Yogesh Bhagwat Lokhande And Another on 23 March, 2026

2. The learned Civil Judge Junior Division relied upon Full Bench decision of this Court in case of Hariba Tatyaba More and Ors Vs. Dada Ekhatnath More and Ors reported in 2019 (6) Mh.L.J. 511 to hold that although alternate remedy is provided in case of dismissal of suit under Order IX Rule 5 to bring a fresh suit, powers under Section 151 of Civil Procedure Code are available to recall order of dismissal.
Bombay High Court Cites 2 - Cited by 0 - Full Document
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