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RAJASTHAN HIGH COURT
Sandeep Mehta, Sameer Jain, JJ.
Urban Improvement Trust, Udaipur Through Its Secretary - Appellant
Versus
Bhagga & Ors. - Respondents
Writ Restoration No. 217 of 2019
Decided On : 11-11-2021
RESTORATION - CIVIL APPEAL - The court granted the restoration application for D.B. Civil Special Appeal (Writ) No.1048/2017, which had been dismissed for want of prosecution, thereby allowing the appeal to be reinstated to its original number based on the submissions of the counsel and the grounds set forth in the application.
Fact of the Case:
The applicant moved for the restoration of D.B. Civil Special Appeal (Writ) No.1048/2017, which had been dismissed due to lack of prosecution.
Finding of the Court:
The court, after considering the submissions of the counsel and the grounds in the application, found it appropriate to allow the restoration application.
Issues: Whether the dismissal of the appeal for want of prosecution should be set aside and the appeal restored.
Ratio Decidendi: The court emphasized the importance of allowing parties to present their cases and the necessity of restoring appeals that have been dismissed for procedural reasons when justified.
Result: The restoration application was allowed, and D.B. Civil Special Appeal (Writ) No.1048/2017 was restored to its original number.
JUDGMENT
1. The instant restoration application has been moved seeking restoration of D.B. Civil Special Appeal (Writ) No.1048/2017.
2. Having heard and considered the submissions advanced by learned counsel Mr. Kawadia and after going through the grounds set out in the application, we deem it appropriate to accept the restoration application. Accordingly, the same is allowed. D.B. Civil Special Appeal (Writ) No.1048/2017, which was dismissed for the want of prosecution is restored to its original number.
3. Office to proceed.
AI
The court established that appeals dismissed for want of prosecution can be restored if sufficient grounds are presented, emphasizing the principle of fair opportunity to litigants.
The court emphasized that parties cannot take advantage of the dismissal of an appeal for want of prosecution and allowed the applications filed by the appellants to restore the status quo ante in th....
The court invoked the inherent powers under Section 151 CPC to allow the restoration application and held that the application for restoration was maintainable under Order IX Rule 4 CPC.
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