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SANJAY VASHISTH
Sandeep Bhandari – Appellant
Versus
Manmohan Lama – Respondent
| Table of Content |
|---|
| 1. challenge to dismissal of suit under article 227. (Para 1) |
| 2. claims of absence of defendants at dismissal. (Para 2) |
| 3. court's reasoning on limitation and misunderstanding. (Para 3 , 4 , 5) |
| 4. setting aside previous dismissal and costs imposed. (Para 6) |
| 5. disposal of the petition. (Para 7) |
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
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....
Courts must grant opportunity to file condonation application under Section 5 Limitation Act for short delays in restoration of suits dismissed in default, avoiding hyper-technical dismissals to prio....
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.
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