Case Note & Summary
The case involved an appeal from an order of the High Court at Bombay, which affirmed the dismissal of a Writ Petition filed by the Security Printing & Minting Corporation of India Ltd. for default due to the absence of its counsel. The Writ Petition was dismissed because the counsel's clerk failed to attend the hearing. The appellant filed an application for restoration, explaining the circumstances of the absence. The learned Single Judge rejected this application, prompting the appellant to file a Letters Patent Appeal, which was also dismissed. The Supreme Court, upon hearing the arguments, found the reasons for the absence satisfactory and decided to set aside the impugned orders. The court allowed the appeal, restored the writ petition to its original file for a hearing on merits, and imposed a cost of Rs. 20,000 to be paid to the respondents within two months. The court stipulated that if the amount was not paid, the appeal would be dismissed, and the High Court's order would be affirmed. Conversely, if the costs were paid, the writ petition would be heard within three months of the payment. The court made no order as to costs beyond this stipulation.
Headnote
A) Civil Procedure - Restoration of Writ Petition - Grounds for Restoration - Code of Civil Procedure, 1908, Order IX - The court considered the reasons provided for the absence of counsel during the hearing and found them satisfactory, leading to the restoration of the writ petition. The appeal was allowed, and the writ petition was restored to be heard on merits, subject to payment of costs. Held that the reasons for absence justified restoration (Paras 1-2).
Issue of Consideration
Whether the application for restoration of the Writ Petition should be granted due to the absence of counsel at the hearing.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned orders, and restored the writ petition to its original file for a hearing on merits, subject to the payment of Rs. 20,000 as costs to the respondents within two months.
Law Points
- Restoration of Writ Petition
- Default Dismissal
- Costs Imposition
