Ashutosh Gaur Vs. New
Delhi Municipal Council & ANR.  INSC 85 (19 January 2009)
JURISDICTION CIVIL APPEAL NO.315 OF 2009 (Arising out of S.L.P. (C) No.2576 of
2007) Ashutosh Gaur ...Appellant(s) Versus New Delhi Municipal Council &
Anr. ...Respondent(s) O R D E R Leave granted.
The suit for
declaration and injunction filed by the appellant was dismissed in default on
the ground of non-appearance of his advocate. The petition for restoration was
dismissed by the Trial Court on 14.10.2008. That order was confirmed by the
Additional District Judge who dismissed the appeal preferred by the petitioner
and the High Court dismissed the revision filed against appellate order.
Hence, this appeal by
Having heard learned
counsel for the parties and perused the records, we are convinced that in the
facts and circumstances of the present case non- appearance of the advocate of
the petitioner cannot be treated as intentional and the Trial Court should have
restored the suit to its original file. The learned Additional District Judge
and the High ....2/- -2- Court confirmed the order of dismissal of restoration
application without properly appreciating the fact that the petitioner was not
to be blamed for non-appearance of his advocate. Therefore, the impugned orders
are liable to be set aside.
appeal is allowed, impugned orders are set aside and the suit is restored to
the file of the Trial Court which shall now decide the same in accordance with