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SANJAY VASHISTH
Sandeep Bhandari – Appellant
Versus
Manmohan Lama – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
Challenge in the present Revision Petition filed under Article 227 of the Constitution of India, is to the order dated 01.09.2022 (P-2) passed in CS/1475/2019, whereby, the Court of learned Civil Judge (Jr. Divn.), Ludhiana, dismissed in-default the suit filed by the petitioner (plaintiff). Besides, a challenge has also been made to the order dated 31.08.2023 (P-4), passed in CM/1137/2022, vide which, application for restoration of the suit, filed by the petitioner was also dismissed, only on the issue of limitation, as the application was required to be filed within a period of 30 days.
2. Learned counsel for the petitioner submits that on 01.09.2022, when the suit was dismissed in-default, even the attendance of defendants is not marked present before the Court below. In the said suit, only the formal pleadings were completed and issues were yet to be framed. Thus, the suit was on its very early stage and in allowing the application for restoration of the suit, by accepting the explanation given by the petitioner (plaintiff), rights of anybody would not get prejudiced or affected in any manner.
3. I have heard learned counsel for the petition
A party should not be denied relief due to procedural missteps, especially when genuine misunderstanding exists concerning court dates and the case is at an early stage.
The party seeking relief should not be denied their rights without adjudication in accordance with the law.
The central legal point established in the judgment is that the dismissal of a restoration application on the ground of limitation, when it falls within the period for exclusion of limitation granted....
Dismissals of suits in default should be exceptions; courts must examine merits before dismissing applications for restoration.
A litigant must diligently pursue their case, and ignorance of a suit's dismissal cannot justify lengthy delays in seeking restoration, especially when represented by counsel.
Procedural laws should facilitate justice, and dismissal for non-prosecution is improper if the suit has not been admitted and notices have not been issued.
Inherent powers under Section 151 CPC allow restoration of suits for substantial justice without a formal application for condonation of delay.
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