Case Note & Summary
The case involved an appeal against the order of the Punjab and Haryana High Court which dismissed an application to recall the order dismissing a Second Appeal. The appellant, Sarman Singh, filed the Second Appeal questioning the correctness of the order passed by the learned Second Additional District Judge, Kapurthala, which had affirmed the order of the learned Civil Judge, Junior Division, Kapurthala. On the date of the hearing, the appellant's counsel was engaged in another matter before the Chief Justice, leading to non-appearance. The High Court dismissed the appeal for want of prosecution, noting the absence of the appellant. Subsequently, an application was filed under Order XLI Rule 19 of the Code of Civil Procedure, 1908, seeking restoration of the appeal, explaining the reasons for non-appearance. The High Court dismissed this application, stating that the matter had been decided on merits. The Supreme Court found that the High Court did not consider the factual aspects of the case and that the reasons for non-appearance were valid. The Court held that the dismissal on merits should not preclude the restoration of the appeal. Consequently, the Supreme Court set aside the High Court's order and directed the restoration of the Second Appeal, allowing the appeals without any order as to costs.
Headnote
A) Civil Procedure - Restoration of Appeals - Non-Appearance of Counsel - Code of Civil Procedure, 1908, Order XLI Rule 19, Section 151 - The High Court dismissed the Second Appeal due to non-appearance of the appellant's counsel, despite the reasons for absence being provided. The Supreme Court held that the dismissal on merits could not be a ground to refuse restoration, thus allowing the appeal and directing restoration of the Second Appeal (Paras 1-2).
Issue of Consideration
Whether the High Court erred in dismissing the application for restoration of the Second Appeal based on non-appearance of the appellant's counsel.
Final Decision
The Supreme Court set aside the impugned order of the High Court and directed the restoration of the Second Appeal, allowing the appeals without any order as to costs.
Law Points
- Restoration of appeals
- Non-appearance
- Order XLI Rule 19 CPC
- Section 151 CPC
