Chandra Bhushan v. Babu Lal And Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

MATTERS UNDER ARTICLE 227 No. - 2085 of 2017 Court No. - 9

HON'BLE ROHIT RANJAN AGARWAL, J.

1. This is plaintiff's petition. The suit filed by plaintiff-petitioner for cancellation of sale was dismissed against which a civil appeal was preferred. The said civil appeal was dismissed for want of prosecution in which an application for restoration under Order XLI Rule 19 CPC was moved which was also dismissed in default. Instead of filing restoration application for recalling the order passed on application under Order XLI Rule 19, a second restoration application was preferred for recalling the order dismissing the appeal for want of prosecution.

2. The court below has rejected the restoration application on the ground that the said application was not in a proper format and has been filed for recalling the order passed on dismissal of civil appeal which was already dismissed.

3. Learned counsel for defendant-respondent has opposed the writ petition on the ground that the second restoration application has been dismissed and a reasoned order has been passed by trial court.

4. This Court finds that due to error of the counsel who had filed the appeal and restoration application, the petitioner could not be faulted.

5. This Court is setting aside the order passed by appellate court dismissing the restoration application at a cost of Rs.10,000/- to be paid by plaintiff-petitioner to respondent, within one month. In case, the said Versus

Counsel for Petitioner(s) : Arun Kumar Srivastava, Santosh Kumar Upadhyay, Vinod Kumar

Upadhyay, Vishal Shukla

Counsel for Respondent(s) : Santosh Kumar Tiwari

Chandra Bhushan

.....Petitioner(s)

Babu Lal And Another

.....Respondent(s)

1

amount is deposited within a month by plaintiff-petitioner to defendant- respondent, the order dismissing the appeal for want of prosecution shall stand set aside and the appeal shall be heard on merits. However, in case, the amount is not deposited, the order passed by court below shall revive.

5. With the aforesaid directions, the writ petition stands disposed of.

August 3, 2026

(V. S. SINGH)

A227 No. 2085 of 2017

2

(Rohit Ranjan Agarwal,J.)

2