Lal Jai Kishor Deo v. Lal Rajendra Pratap Deo
Case brief
What is this about?
High Court of Jharkhand at Ranchi, Civil Revision No. 36 of 2024, decided 03.07.2025 by Justice Pradeep Kumar Srivastava. Defendants/petitioners led by Suryamani Devi; plaintiffs/opposite parties led by Lal Rajendra Pratap Deo; counsel for petitioners: Mr. Raj Lalit Prasad, Advocate. Keywords: partition suit maintainability; Order IX Rule 9 CPC; Order IX Rule 8; Order IX Rule 4 CPC; Order VII Rule 11(d) CPC; Article 65 Schedule-I Indian Limitation Act; dismissal for default; restoration application; Title Suit No. 29 of 1971; Title Suit No. 63 of 2015; time-barred suit. Outcome: revision dismissed at the initial stage; the impugned rejection order stands.
What did the court decide?
The bar under Order IX Rule 9 CPC is not attracted because the earlier suit was not dismissed under Order IX Rule 8; the provisions of restoration were available to the plaintiff under Order IX Rule 4 CPC.