...the appellant, that he had made an endorsement “No objection” on the vakalatnama filed by Sri Asit Kumar Bhattacharya, the counsel engaged by the appellant to move an application under Order 41 Rule 19 of...41, Rule 19 of the Code on the ground of alleged impropriety involved in another counsel filing an application for recalling the earlier order when the appellant was already represented by a counsel..., the appeal succeeds and is allowed. The older passed by the High Court dismissing the application filed by the appellant under Order 41 Rule 19 of the Code for restoration of the appeal is set aside...

...Maintainability of application under Order 41 rule 19 of Civil Procedure Code--Non-appearance of...Order 41, rule 19 as there was sufficient cause for non-apperance of counsel of appellant--Respondent contended that order was passed on merits, therefore, same could not be.... 796 of 2002) made under Order 41, rule 19 of the Civil Procedure Code does constitutes a sufficient cause within the...

...because on that day none appeared for them when the appeal was called on for hearing. 14. Such dismissal attracted the provisions of Order 41 Rule 19 of the Code and..., therefore, the appeal could be re-admitted for hearing at the instance of the appellant-Authority only by taking recourse to the provisions of Order 41 Rule 19 and subject to their making out a sufficient... 15. An order of refusal to re-admit the appeal passed by the Appellate Court under Order 41 Rule 19 of the Code is made expressly appealable under Order 43 ...

.... Case No. 1/2023 rejecting the application under Section 5 of the Indian Limitation Act filed in support of an application under Order 41 Rule 19 CPC. 3. Shri Ashish Singh, learned counsel for...the respondents has submitted that result of dismissal of an application under Section 5 of Limitation Act which has been filed in support of an application under Order 41 Rule 19 CPC. will be the...dismissal of the application under Order 41 Rule 19 C.P.C. Against the order passed under Order 41 Rule 19 C.P.C. dismissing the application, a first appeal from ...

...dismissed in default. Thereafter, an application for restoring the appeal has been moved under Order 41 Rule 19 CPC. The petitioner, before this Court, has filed an objection in said Misc. Case No. 1034 of...still pending consideration before court below and petitioner has already approached the court concerned by filing objection in application under Order 41 Rule 19 CPC, the court below shall proceed and...decide the same, expeditiously, preferably, within a period of four months, from the date of production of certified copy of this order, after hearing all the affected parties, strictly in accordance...

...Order 41 Rule 19 of CPC before the First Appellate Court, so as to request it to set aside the order of dismissing the appeal for default. Anyhow, the appeal is not maintainable ...is dismissed for non prosecution.2. Order 41 Rule 19 of CPC provides for filing a suitable application before the Appellate Court itself to make in regard to...before the First Appellate Court under Order 41 Rule 19 of CPC.ORDERPermission is accorded to withdraw the appeal so as to file a regular petition...

...made in pending application under Order 41 Rule 19 C.P.C. The application was filed on the ground that some facts could not be mentioned due to mistake. The amendment application was objected by the...petitioners on the ground that by allowing the amendment, entire nature of the application under Order 41 Rule 19 C.P.C. will stand changed. The court below overruled the objection and allowed the...urged by the learned counsel for the petitioner that since application under Order 41 Rule 19 C.P.C. was itself not maintainable, as such, the amendment application would not be maintainable...

...no. 2/93 for readmission of the appeal under Order 41 Rule 19 C.P.C However, the Miscellaneous case was dismissed by the impugned order.3. The lower appellate...court erred in applying proper Article which governs filing of an application under Order 41 Rule 19 C.P.C Moreover, a party cannot be allowed to suffer on account of laches...of an appeal under Order 41 Rule 19 C.P.C, Article 122 does not apply and there is no other Article provided for in the Limitation Act and so, Article...

...application under Order 41, Rule 19 CPC before the same court for restoration of the appeal to its original file which was registered as Misc. case no. 1 of 1996. The same was...Beary). He submits that the impugned order falls far short of the requirement of Order 41, Rule 19 read with section 148 CPC. In other words he assails it on the ground ...for the petitioner is right in his submission that once the appellate court entertained the application under Order 41, Rule 19 read with section 148 CPC and passed the...

...party. This is an application understandably under Order 41 Rule 19 of the CPC. The app lication has been filed in time. It is stated in Para 3 of the application that because of personal difficulty...readmitted and decided on merit. Since the respondent does not op pose to it and the petitioner has made out sufficient cause within the meaning o f order 41 Rule 19 of the CPC, the order dated...order had already been passed, this Court did not lik e to readmit the appeal and incidentally the appeal filed by the appellant was d ismissed. The application has been within the period of limitation...

...merits. This was, it is stated, in contravention of the provisions of the Code of Civil Procedure as envisaged under Order 41 Rule 17. MCC No.26/2018 connected applications Page ...Sub-section (G) of Section 35 of the Central Excise Act, 1944. 3. On a reading of Order 41 Rule ...Code of Civil Procedure, which was relied on by counsel for the applicant, we feel that a re-admission of an appeal in terms of Order 41 Rule 19 CPC is possible only...

...OTHERSMAHENDRA SINGH AND OTHERS Appearance:Appearance: Shri Rajeev Shrivastava - Advocate for the applicants. ORDERORDER This review petition under Order 41 Rule 19 of...Order 41 Rule 19 of CPC and list the aforesaid case forfor admissionadmission on 07.02.2025.on 07.02.2025. With aforesaid observation, this review petition is disposed of.disposed of...

...dismissed. The appellant then filed application to restore the appeal. The Appellate Court took the view that such an application would not fall under Order 41 Rule 19. It...further held that the appellant was not entitled to invoke the help of the inherent jurisdiction under S. 151. Dealing with this matter the High Court took the view that Order 41 Rule 19 ...comply with a peremptory order to pay the printing costs of the appeal, the appeal was dismissed for default. A petition under Order 41 Rule 19 of the Code was filed for...

...application under Order 41 Rule 19 moved in each of the cases praying for restoration of the appeals preferred by each of the petitioners which were dismissed in default on...-appearance was that the delay in moving application under Order 41 Rule 19 was that the counsel had not communicated with the petitioner(s).While dismissing...also been placed on Order 41 Rule 19, sub-rule 4 read with Section 151 of the Code of Civil Procedure holding that non-appearance of pleader due to his pre-occupation in...

..., Manmohan Singh, to withdrawal of the application that had been filed by respondent No. 1, namely, Indo American Electricals Ltd., (hereinafter referred to as the Company), under Order 41 Rule 19...No. 1. That appeal appears to have been dismissed in default and it was then that the Company had moved an application for restoration of the appeal under the provisions of Order 41 Rule 19 C.P.C...pursuant to which application under Order 41 Rule 19 C.P.C was sought to be withdrawn. The result would be that the appeal would remain dismissed in default, and the eviction...

...Order 6 Rule 17 of C.P.C., the trial Court has allowed the application under Order 41 Rule 19 of the Code of Civil Procedure. ...not appear before the Court on account of unavoidable circumstances. It was further found by the trial Court that the application under Order 41 Rule 19 of the C.P.C. was...duly supported by the affidavit of the counsel. Accordingly, the application under Order 41 Rule 19 of the C.P.C. has been allowed. The impugned order passed...

...-prosecution. Respondents filed Miscellaneous No. 13 of 2007 under Order 41, Rule 19 for restoration of the appeal and the same came to be dismissed. Aggrieved by the same...Order 41, Rule 19, the remedy available to the party is before the Appellate Court and the Appellate Court in the instant case is the District Court and the said application is therefore ...reliance on the provisions of Order 41, Rule 19 she submits that the remedy is before the High Court and not the Appellate Court as is done in the instant case...

...Order 41 Rule 19 of the CPC. Therefore, in the case C.R.No.137/2016 Page 6 of 6 in hand, rejection of application under...Order 41 Rule 19 of the CPC for restoration of appeal as abated by the trial Court, is absolutely unjustified and it is hereby set-aside and the revision is allowed in part. The judgments...Order 41 Rule 19 of the CPC is allowed and the appeal is hereby restored to its original number for hearing and disposal in accordance with law. However, the appellate Court will permit...

...the provisions of Order 41, rule 19, Civ. Pro. Code. In the present case no such opportunity has been given to the appellant. Under the circumstances the appeal must be...1. This appeal relates be an order of the Second Additional District Judge of Dacca, passed on the 9th June, 1922.2. On that data it appears that the present appellant had...allowed and the case sent back to the lower appellate Gourd to entertain the application for re-admission of the appeal upon the merits and to dispose it of according to law.3. We make no order as to costs.4. Ap...

...Subnis, learned counsel for the applicant. Shri Piyush Shrivastava, learned counsel for the respondent [R-3]. ORDERORDER This MCC under Order 41 Rule 19 of CPC has been filed... BEFOREBEFORE HON'BLE SHRI JUSTICE PREM NARAYAN SINGHHON'BLE SHRI JUSTICE PREM NARAYAN SINGH ON THE 19ON THE 19 thth OF FEBRUARY, 2025 OF FEBRUARY, 2025 MISC. CIVIL CASE No. 3706 of 2024MISC...for restoration of F.A. No.241/2008 which has been dismissed for want of prosecution vide order dated 19.07.2024. On due consideration of the reasons assigned in the...