AIROnline 2024 SC 876

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

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