Allowed
Surender Kumar v. Rita Vashisht & Anr.
Delhi HCFAO(OS)/659/2015
Case brief
AI extract
What is this about?
This appeal challenged an order dismissing an application under Order 9 Rule 9 CPC to set aside a dismissal in default. The High Court allowed the appeal, holding that the appellant's counsel being out of station constituted sufficient cause for non-appearance.
What did the court decide?
The order dated October 14, 2015 dismissing the application was set aside; the order dated May 21, 2015 dismissing the suit was set aside; the suit was restored for adjudication on merits.