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appeal) for an order to set aside the dismissal of
suit;"
14. On a bare reading of the said statutory ... words "for an order to set aside the dismissal of a suit".
From the mere reading of the said provision
Calcutta High Court
indicates that the Court is empowered
to order dismissal of suit where summons is not served in consequence
of plaintiff ... rules indicates that there could be a
dismissal of suit even though the suit is not decided on merits
Gujarat High Court
appellant
herein was for the dismissal of the suit O.S.No.4212/95 which was
filed by the respondent ... first suit) inter alia praying for the
dismissal of that suit on the ground the same had become
infructuous because
Supreme Court of India
question to a Full Bench whether, upon
the dismissal of the suit, the attachment before judgment ' necessarily
ceases under Order ... withdraw an attachment
before judgment upon the dismissal of the suit, and the reversal of
the judgment of dismissal
Madras High Court
grant of sanction for sale
and prayed for dismissal of the suit. Another reversioner Prema
Gangaiya adopted the written statement ... separate appeal was required to be filed against dismissal of suit
seeking sanction of the Court for sale, as having
Supreme Court of India
Court. The
majority view was that on the dismissal
of suit in default the attachment before
judgment automatically ceases ... attachment entails that in the event of dismissal of suit,
the order comes to an end. Such a provision
Supreme Court of India
Code for an order to set aside the dismissal of the suit. This was
registered as Miscellaneous Case ... dismissed under Rule 8. That rule provides for dismissal of a
suit when at the time of its being called
Patna High Court
have been effected regularly, had
terminated with the dismissal of the suit, that it was not revived when
the decree ... erroneous view of the effect of the
dismissal of the suit, and of the reversal of judgment of dismissal
Calcutta High Court
cause of
action is applicable, notwithstanding that, the dismissal of the suits
on the former occasion ... subsequent suit. It is urged that the dismissal
of the suits by the appellate Court on the former occasion left
Andhra High Court
suit to file. The question is, does the dismissal of the
suit necessarily entail the withdrawal of the attachment before ... order of Court by reason of 'the
dismissal of the suit? If moveable properties or negotiable instruments
attached
Madras High Court
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