Raj Kumar Jain & ANR.
Vs. Indra Prastha Builders Pvt Ltd., & Ors.  INSC 22 (7 January 2009)
JURISDICTION CIVIL APPEAL NOS.26-27 OF 2009 (Arising out of S.L.P. (C)
Nos.13298-13299 of 2007) Raj Kumar Jain & Anr. ...Appellant(s) Versus Indra
Prastha Builders Pvt. Ltd. ...Respondent(s)
O R D E R
By an order dated
18th August, 2006, the High Court dismissed for non- prosecution, the first
appeal preferred by the appellants against the judgment and decree dated 22nd
August, 1988 passed by the District Judge, Dehradun in O.S. No.50/1986. The
application for restoration of the appeal was dismissed by the High Court on
16th April, 2007 without adverting to the fact that absence of the counsel for
the appellants was on account non-marking of the case in his cause list. The
petition filed for review of that order was dismissed on 15th June, 2007.
Having heard learned
counsel for the parties and perused the records, we are convinced that the
impugned orders are liable to be set aside. In our view, the High Court should
have, by taking cognizance of the averments contained in the affidavit filed in
support of the restoration application, restored the appeal by imposing heavy
costs on the appellants.
Accordingly, the appeals are allowed, impugned orders are set aside and First
Appeal No.79 of 2001 is restored to the file of the High Court subject to the
condition of the appellants' paying rupees fifty thousand as costs to the
respondents within eight weeks.
As the appeal was
filed before the Allahabad High Court in the year 1988 and the same has
remained pending before Uttarakhand High Court for last more than twenty years,
it would be in the interest of the justice that the same is disposed of at an
Accordingly, the High
Court is requested to dispose of the appeal as expeditiously as possible.
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