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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Balwinder Kaur – Appellant
Versus
Baldev Singh – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J .
1. Invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, the petitioners assail the concurrent orders dated 12.07.2019 (Annexure A-I) and 04.09.2019 (Annexure A-II). The Petitioners contend that the learned Trial Court and the First Appellate Court committed a manifest error of law in refusing to restore the suit, resulting in a failure of justice. The Petitioners seek to quash the impugned orders on the grounds that they are perverse, jurisdictionally flawed, and contrary to the settled principles of procedural equity.
2. The petitioners (Original Plaintiffs) instituted a civil suit for damages amounting to Rs. 1 crore through their power of attorney, accompanied by an application to sue as indigent persons. Upon the dismissal of the indigent status application on 10.09.2014, the learned Trial Court granted a brief window until 17.09.2014 to remit the requisite court fees.
2.1. Following a single request for adjournment, the matter was posted to 19.09.2014, on which date the suit was dismissed for non- prosecution under Order IX Rule 8 of the CPC due to the Petitioners' non- appearance. Immediately upon ga
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....
The court emphasized that restoration of a suit requires due consideration of delay under Section 5 of the Limitation Act, especially when minors are involved, highlighting procedural fairness.
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