AIROnline 2024 SC 876

Supreme Court Of India

(From : AIROnline 2022 All 1575)

Hon'ble Judge(s): Vikram Nath, Prasanna B. Varale , JJ

Civil P.C. (5 of 1908) , O.9 R.13— Ex-parte decree - Prayer for restoration of suit - Rejection of - Legality - Appellant who had trusted his counsel to manage suit proceedings, was not made aware of ex-parte decree by the counsel - It was only after appointment of new counsel, that appellant got to know about exparte decree - High Court held that restoration application was time-barred and separate application for condonation of delay ought to have been filed - Appellant had acted bona fide and diligently - Party cannot be made to suffer due to negligence or fault committed by counsel - Procedure cannot stand in way of achieving just and fair outcome - It was not necessary to file separate application for condonation of delay - High Court had erred in taking hyper technical view and concluding that there was violation of mandatory provision of law - Restoration application was allowed. AIROnline 2022 All 1575-ReversedAIR 2010 SC 2991-Relied onAIR 1981 SC 1400-Relied on (Para 10 12 13) .....