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which, in our feeling, need to be answered from the negative. Article 2291, R. C. S. 1925, gives that: "The clerk shall maintain a movement docket during which he shall enter each individual motion submitted in his courtroom, the names from the get-togethers and their Lawyers, a brief assertion of its character, and the number of the fit by which it can be built if it relates to a go well with pending. * * * Discover of a movement within a go well with pending is supplied by submitting the movement and its entry within the motion docket in the term. * * *" While we do not deem it vital to ascertain regardless of whether, just after dismissal and prior to reinstatement, the situation experienced the status of "a accommodate pending" inside the that means on the statute, still we've been inclined on the look at expressed in Hexter v. Pratt (Tex. Com. Application.) ten S.W.(2nd) 692, 694, with reference to your circumstance in this problem, in which the courtroom stated: "It [the judgment of dismissal] is precisely what it purports to become, a determination of a lack of diligence in website prosecuting the accommodate for which it's stricken through the docket. It effectually put an close to the particular proceeding, but was entirely ineffectual to find out the deserves on the assert therein asserted." Nonetheless, if we think, Even though we don't so make your mind up, that the case, after being dismissed and ahead of its reinstatement, was "a fit pending," throughout the indicating of your statute, yet, beneath the conditions, defendant was not visited with statutory or constructive recognize on the proceedings, for the reason that no motion to reinstate was at any time filed or entered upon the movement docket, and it is just once the statute In this particular regard is complied with that constructive observe of this type of motion is visited on the adverse celebration. So during the absence of both actual or constructive see on the proceedings that resulted within the rendition of judgment in opposition to him, we predict defendant showed sensible excuse for his absence; On top of that, he exhibited meritorious defenses to plaintiff's reason for motion, and we fail to discover how plaintiff could possibly be materially prejudiced by granting defendant a whole new demo. ...

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Overall progress tax may be compensated by very last installment of progress tax i.e., 15 March of a yr, in case of failure to do so, curiosity is leviable @ 1% on shortfall as per Segment 234C

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six% of complete turnover or gross receipts of the tax 12 months gained by account payee cheque/lender draft, ECS by way of bank account on or right before thanks date of submitting the return of income

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