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SANJAY S. AGRAWAL
Rajesh, S/o. Vishwanath – Appellant
Versus
State Of Chhattisgarh Through Collector – Respondent
ORDER :
1. This appeal has been preferred by the plaintiff under Order 43 Rule 1(c) of the Code of Civil Procedure, 1908 (hereinafter referred to as “the CPC”) questioning the legality and propriety of the order dated 01.12.2022 passed by the 2nd Additional District Judge, Ambikapur, District Surguja in Miscellaneous Civil Case No.43/2019, whereby the application filed by the plaintiff under Order 9 Rule 9 CPC seeking restoration of his suit, has been rejected. The parties shall be referred as per their descriptions before the Court below.
2. Briefly stated the facts of the case are that a suit was instituted by the plaintiff on 05.02.2016 registered as Civil Suit No.13-A/2016, by submitting inter alia that the land bearing Khasra No.259 was recorded as forest land and the father of the defendant No.4 namely Vishwanath Soni was in possession over 7 & ½ decimal of it while constructing a house and, remaining of its portion was utilized by him for the agricultural purposes. It is pleaded further that a survey was made by the Revenue Authorities, wherein it was found that the father of the said defendant was in possession over two acres of said Khasra No.259 along with other persons a
The court held that Order IX Rule 9 CPC should be interpreted liberally in order to do substantial justice rather than being struck on technical rigidities.
Past conduct of a party cannot be considered when determining 'sufficient cause' under Order IX Rule 9 CPC; medical reasons for absence must be given priority to ensure substantive justice.
Judicial discretion under Order IX Rule 4 C.P.C. is crucial, and a liberal approach should be taken to allow restoration of suits for effective adjudication, especially when circumstances affecting n....
Litigants are not penalized for their Advocate's negligence; restoration of a suit can be granted based on demonstrated sufficient cause for non-appearance.
In matters of suit restoration, courts should prioritize justice and merits over default while ensuring adequate compensation for the opposing party's hardships.
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