Case Note & Summary
The case involved an appeal before the Supreme Court concerning the dismissal of Title Appeal No.39 of 1984 for non-prosecution on 12th March, 1997. The appellant filed an application for restoration of the appeal, which was rejected, and this order was subsequently confirmed by the High Court. The Supreme Court, upon hearing the counsel for the appellants and noting the absence of representation from the respondents, found that the appellate court had erred in not restoring the appeal. The court emphasized the importance of providing an opportunity for hearing to the parties involved. Consequently, the Supreme Court allowed the appeal, set aside the impugned orders, and restored the Title Appeal to its original file, directing that it be disposed of within one year from the date of receipt of the order.
Headnote
A) Civil Procedure - Restoration of Appeals - Right to be Heard - Code of Civil Procedure, 1908, Section Not mentioned - The Supreme Court held that the appellate court should have restored the Title Appeal to its original file, allowing the parties an opportunity to be heard. The court directed that the appeal be disposed of within one year from the receipt of this order (Paras Not mentioned).
Issue of Consideration
Whether the appellate court should have restored the Title Appeal to its original file.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned orders, and restored the Title Appeal to its original file, directing its disposal within one year.
Law Points
- Restoration of appeals
- Right to be heard
- Civil procedure
