Case Note & Summary
The petitioners, legal representatives of the original claimant Kashinath Basayya Balulmath, filed a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) challenging the order dated 02.07.2019 passed by the II Additional Senior Civil Judge and JMFC, Bagalkot in LAC No.33/2007. The trial court had dismissed an application for restoration of the land acquisition reference which had been dismissed for default. The petitioners sought to set aside that order and restore the reference. The High Court observed that the trial court had not properly considered the application and had failed to exercise its inherent powers under Section 151 CPC. The court noted that the petitioners had shown sufficient cause for non-appearance and that the dismissal of the restoration application was not justified. Consequently, the High Court allowed the revision petition, set aside the impugned order, and remitted the matter back to the trial court for fresh disposal in accordance with law, directing the trial court to restore LAC No.33/2007 to its original file and proceed with the matter. The court also directed the parties to appear before the trial court on a specified date.
Headnote
A) Civil Procedure Code - Restoration of Dismissed Suit - Section 151 CPC - Inherent Powers - The trial court dismissed the application for restoration of LAC No.33/2007 which was dismissed for default. The High Court held that the trial court ought to have exercised its inherent powers under Section 151 CPC to recall the dismissal order if sufficient cause was shown. The impugned order was set aside and the matter was remitted back to the trial court for fresh consideration. (Paras 1-5)
Issue of Consideration
Whether the trial court was justified in dismissing the application for restoration of LAC No.33/2007 which was dismissed for default, and whether the High Court can set aside such order under Section 115 CPC.
Final Decision
The High Court allowed the Civil Revision Petition, set aside the order dated 02.07.2019 passed by the II Additional Senior Civil Judge and JMFC, Bagalkot in LAC No.33/2007, and remitted the matter back to the trial court for fresh disposal in accordance with law. The trial court was directed to restore LAC No.33/2007 to its original file and proceed with the matter. The parties were directed to appear before the trial court on 16.05.2022.
Law Points
- Restoration of dismissed reference
- Section 151 CPC
- inherent powers
- sufficient cause
- land acquisition reference
