Applications, filed by the respondent Nos. 1 to 4
herein for restoration for execution proceeding ... recorded by the court below while allowing the
application for restoration of execution proceeding. Learned counsel
further invited my attention to order 21 Rule
Applications, filed by the respondent Nos. 1 to 4
herein for restoration for execution proceeding ... recorded by the court below while allowing the
application for restoration of execution proceeding. Learned counsel
further invited my attention to order 21 Rule
cause for restoration of the petition. Therefore, such an order is revisable. He has nextly contended that the restoration of the execution case does ... application. Therefore, the restoration order passed in Misc, No. 40/2000 dated 14.6.2003 is erroneous. Even otherwise, the restoration of the execution is nothing
Judge, Puri for execution. Accordingly execution was levied in the aforesaid court against the petitioners on 25-4-1972 in Execution Case ... dispose of the petition for restoration and as there was sufficient cause he directed restoration of the execution case.
3. Learned counsel appearing
file
execution petition for execution of decree in Civil Suit No.119/87
may be granted by condoning delay caused in filing the execution
petition ... application in itself is not
substantive "restoration application" (i.e. application seeking
restoration of execution petition No.7 of 1999) as contemplated
under
executing Court has inherent power under Section 151 of CPC for
restoration of execution proceedings.
15. Considered the submissions made by counsel for applicants ... whether application
filed under Section 151 of CPC for restoration of execution proceedings after
27 years can be said to be within a period
whereby and
whereunder the learned Sub Judge rejected the prayer for
restoration of Execution Case No. 07 of 1991.
3. Briefly stated, the facts ... execution case
which was the subject matter of the said judgment . Moreover,
admittedly execution case was dismissed for default on
01.11.1990 and the restoration application
learned counsel for the petitioners
that an application for restoration of the execution proceedings was filed
and allowed, whereas, the contention of the learned counsel ... possession of the application
which they had filed for restoration of the execution proceedings dismissed
in default on 7.9.1971, nor are they in possession
matter of the execution case, and an application for
restoration of the execution case setting aside the order of
dismissal, the Subordinate Judge, finding that ... made an application under section 151 ,
Civil Procedure Code, for restoration of the execution and
for getting aside the order of dismissal. this
application notice
present appeal. On 9th May, 1972 the aforesaid Execution
Petition, namely. Title Execution Case No. 19 of 1970 was
dismisssed for default. On 16th September ... Bombay, p. 166.
However, in the present case the restoration of the
Title Execution Case was not made on an appeal or revision,
whereby order
