2007 (3) TMI 761 - SC - Indian Laws

Summary

Issues involved: Application to recall order dismissing Second Appeal.

The appellant filed Second Appeal No.4802/2003 before the High Court challenging the order passed by a learned Second Additional District Judge. The High Court dismissed the appeal due to the absence of the appellant on the scheduled date. An application under Order XLI Rule 19 of the Code of Civil Procedure, 1908, was filed for restoration, citing valid reasons for non-appearance. The High Court, however, dismissed the application on the ground that the matter was decided on merits. The appellant contended that the reason for non-appearance was valid and unintentional, and the High Court did not find it to be incorrect. The Supreme Court held that the mere dismissal of the appeal on merits was not sufficient grounds to refuse restoration, and therefore directed the restoration of the Second Appeal.