AIR 2020 BOMBAY 1 ::2019 (6) ABR 473 ::AIROnline 2019 Bom 1047 ::(2020) 2 Civ LJ 43 ::(2020) 1 Civil Court Case 319 ::(2020) 2 All MR 823 (Bom) ::(2020) 4 Rec Civ R 524 ::2020 (2) Civil LJ 43 ::2020 (2) All MR 823 ::2020 (1) Civil Court Cases 319 ::(2020) 1 ICC 677 ::(2019) 6 Mah LJ 511

Bombay High Court

Hon'ble Judge(s): Pradeep Nandrajog , C.J. AND M. S. Karnik, Bharati Dangre , JJ

Civil P.C. (5 of 1908) , S.151, O.9 R.5(1)— Dismissal of suit in default - Restoration of - In exercise of inherent powers - Return of summons as unserved - Failure by plaintiff to apply for fresh summons within prescribed period - Consequential dismissal of suit in default - Plaintiff having remedy to file fresh suit - However such suit dismissed under O. 9 R. 5(1) can be restored in exercise of inherent powers if sufficient cause is shown by plaintiff - Previous conduct of plaintiff and inconvenience caused to defendant also required to be considered before exercising inherent powers . Section 151 of the Civil P. C.(5 of 1908) could be invoked to seek restoration of a Suit dismissed under Sub- Rule (1) of Rule 5 of Order 9 of the Code, However for exercise of this powers the Plaintiff would have to show a sufficient cause. The previous conduct of the Plaintiff would also require to be considered. The inconvenience and the prejudice caused to the served defendants or the defendant who was not served as a consequence of restoration of the Suit would also have to be kept in mind.(Para 12 13 14) .....