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2023 Supreme(Cal) 1588

SHAMPA SARKAR
Atlanta Global Advisors Private Limited – Appellant
Versus
Sanjib Kumar Jain – Respondent


Advocates Appeared:
For the Petitioner: Mr. Goutam Mitra, Ms. Suparna Mukherjee, Mr. Rishad Medooa, Mr. Meghajit Mukherjee.
For the Respondents: Mr. Naresh Balodia, Mr. Pallav Choudhary, Ms. Saheli Sur.

Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  • The court emphasized that litigants are not penalized for the negligence of their Advocates, and a suit can be restored if the plaintiff demonstrates sufficient cause for non-appearance at the scheduled hearing (!) (!) (!) .

  • The restoration of a dismissed suit is permissible when the applicant shows a valid and sufficient cause, especially in cases where the delay was caused by circumstances beyond the control of the litigants, such as the negligent conduct of their Advocate (!) (!) .

  • The court acknowledged that the rights of subsequent purchasers who acquire rights in the property and demonstrate a valid cause for the original plaintiffs' absence can be recognized, allowing them to pursue the suit (!) (!) .

  • The principles of procedural law, including the provisions for substitution of parties and continuation of proceedings upon interest devolution, support the court’s discretion to permit such substitutions and to allow the case to be decided on its merits (!) (!) (!) (!) .

  • The court clarified that a formal application for condonation of delay under the relevant law is not strictly necessary; delay can be condoned based on the reasons provided, even orally, if the court finds sufficient cause (!) (!) .

  • The order allowing restoration was based on the principle that justice and substantive rights take precedence over technical procedural objections, especially when the interests of justice favor restoring the suit (!) .

  • The court held that the delay in filing the restoration application was adequately explained, and the order for restoration was exercised within the court’s discretion, considering the circumstances and the interests of justice (!) (!) .

  • The court reaffirmed that the negligence of an Advocate does not automatically penalize the litigant, and the litigant’s right to pursue the case should not be forfeited solely due to the Advocate’s conduct (!) (!) .

  • The order of restoration was found to be proper and not arbitrary or perverse, and therefore, the revisional application challenging this order was dismissed (!) .

  • The court exercised its discretion to allow the suit’s restoration to avoid multiplicity of proceedings and to ensure that substantive justice is served without unnecessary delay, recognizing the rights of parties who have acquired interests in the property (!) .

  • The legal framework permits the continuation of proceedings by or against persons claiming under a party, facilitating the exercise of rights upon interest devolution, which was appropriately applied in this case (!) (!) .

  • The procedural provisions and the principles of liberal construction support the court’s decision to permit substitution and continuation of the suit by the subsequent purchasers, ensuring the case is decided on its merits (!) (!) .

  • Overall, the court’s reasoning underscores that justice is best served by allowing suits to be restored and continued when sufficient cause is shown, and procedural technicalities should not hinder substantive rights (!) .

Please let me know if you need further analysis or specific legal advice based on this document.


JUDGMENT :

(Shampa Sarkar, J.)

1. The revisional application arose out of an order dated September 15, 2022 passed in Misc. Case No.14 of 2016. The Misc. Case was an application under Order 9 Rule 9 of the Code of Civil Procedure for restoration of Title Suit No.15509 of 2013.

2. The order impugned has been passed by the learned Civil Judge (Senior Division), 2nd Court at Alipore. By order dated August 14, 2015, the suit was dismissed for default on the ground of non-appearance of the plaintiffs. The Misc. Case was filed with a prayer for recall of the said order of dismissal and for the restoration of the suit to its original file and number. The ground for restoration was negligent conduct of the learned Advocate. The original plaintiffs filed the application for restoration.

3. Dr. Arundhati Mukherjee and Aditi Basu, as plaintiffs filed the suit against the petitioner. The suit was for recovery of khas possession and mesne profit. The plaintiffs did not appear in the suit. They failed to reply to the show cause issued by the court, explaining the reason for their absence. The suit was dismissed for default. On August 11, 2016, the original plaintiffs filed the Misc. Case No. 14 of

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