Kamla Bai v. Harishankar Arora And Others

Order

1. Leave granted. Heard the learned counsel for the appellant.

2. It appears that trial court dismissed suit for non-prosecution against which order when restoration was filed, the same was refused. Against the said order, the High Court was moved which upheld Misc. Appeal No. 968 of 2004 the said order. Hence, this appeal by special leave.

3. It appears that there was a case of non-appearance for only one day. The respondents have failed to appear in spite of service of notice to contest the prayer made in this appeal. In the facts and circumstances of the case, we are of the view that the trial court should have restored the suit to its original file and the High Court was not justified in confirming the same.

4. Accordingly, the appeal is allowed, the impugned orders passed by the High Court as well as the trial court are set aside and the suit is restored to its original file. Now the same shall proceed in accordance with law.

5. No costs.