Case Note & Summary
The petitioner, P and P Packaging, filed a Special Civil Application under Article 227 of the Constitution of India before the Gujarat High Court challenging an order dated 02.04.2025 passed by the learned Principal Senior Civil Judge, Padra, Vadodara. The impugned order dismissed Civil Misc. Application No. 66 of 2024, which was filed for restoration of Special Summary Suit No. 06 of 2018 (originally numbered as Special Summary Suit No. 35 of 2017). The suit was filed by the petitioner for recovery of Rs.13,35,008/- along with interest under Order XXXVII of the Code of Civil Procedure, 1908 (CPC). The suit was initially filed before the learned Principal Senior Civil Judge, Vadodara, and later transferred to Padra. The petitioner engaged a counsel at Padra who assured the petitioner that he would be called as and when required. However, the suit was dismissed for default. The petitioner, being unaware of the dismissal, later discovered that the suit had been dismissed. The petitioner then filed a restoration application along with an application for condonation of delay of 669 days. The trial court dismissed the restoration application on the ground that the delay was not sufficiently explained and that the petitioner failed to appear despite notice. The petitioner contended that the delay was due to the negligence of the counsel and that the petitioner had sufficient cause. The High Court, after hearing the petitioner's counsel (the respondent remained unserved), held that a liberal approach is required in restoration matters under Order XXXVII CPC. The court observed that the petitioner was misled by his counsel and that the suit was for a substantial amount. The court set aside the impugned order, allowed the restoration application, and condoned the delay of 669 days. The court directed the trial court to restore the suit to its original number and proceed in accordance with law. The court also directed the petitioner to pay costs of Rs.5,000/- to the Gujarat State Legal Services Authority.
Headnote
A) Civil Procedure - Restoration of Suit - Order XXXVII CPC - Condonation of Delay - The trial court dismissed the restoration application filed by the plaintiff-petitioner on the ground that the delay of 669 days was not sufficiently explained and that the plaintiff failed to appear despite notice. The High Court held that a liberal approach is required in such matters, especially when the plaintiff was misled by his counsel and the suit was for recovery of a substantial amount. The court set aside the impugned order and allowed the restoration application, condoning the delay. (Paras 4-6) B) Civil Procedure - Sufficient Cause - Negligence of Counsel - Order XXXVII CPC - The court observed that the plaintiff had engaged a counsel who assured him that he would be called when required, but the suit was dismissed for default. The plaintiff's reliance on his counsel constituted sufficient cause for the delay. The court emphasized that litigants should not suffer due to the negligence of their advocates. (Paras 4-5) C) Constitutional Law - Supervisory Jurisdiction - Article 227 of the Constitution of India - The High Court exercised its supervisory jurisdiction to correct the error of the trial court in dismissing the restoration application. The court held that the trial court's order was perverse and resulted in failure of justice, warranting interference under Article 227. (Para 6)
Issue of Consideration
Whether the trial court erred in dismissing the restoration application under Order XXXVII CPC on the ground of delay and lack of sufficient cause, and whether the High Court should interfere under Article 227 of the Constitution of India.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 02.04.2025, allowed the restoration application (Civil Misc. Application No. 66 of 2024), condoned the delay of 669 days, and directed the trial court to restore Special Summary Suit No. 06 of 2018 to its original number and proceed in accordance with law. The petitioner was directed to pay costs of Rs.5,000/- to the Gujarat State Legal Services Authority.
Law Points
- Order XXXVII CPC
- restoration of suit dismissed for default
- condonation of delay
- liberal approach
- sufficient cause
- negligence of counsel
- Article 227 of Constitution of India
