The High Court allowed a civil restoration application to reinstate a first appeal dismissed for counsel non-appearance, directing payment of costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Restoration Application No. 59/2023
In
D.B. Civil First Appeal No. 390/2021
Mahesh Gupta & Anr.
----Appellants
Versus
Nirmal Nagori
----Respondent
For Petitioner(s) : Mr. Devendra Singh Raghava
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
10/05/2023
The present civil restoration application filed by the applicants-appellants for recalling the order dated 10.03.2023, passed by the Coordinate Bench of this Court in D.B. CFA No.390/2021, as the same was dismissed on the ground of nonappearance of learned counsel for the parties.
Learned counsel for the applicants-appellants submitted that his non-appearance was beyond his control and as such, there was no intention to avoid the proceedings before the Court when the case was called up.
Learned counsel for the applicants-appellants further submitted that the first appeal filed on behalf of the appellants will seriously affect the rights of the applicants-appellants, if the same is not allowed to be heard and argued on merits.
Heard learned counsel for the applicants-appellants.
[CRES-59/2023]
(2 of 2)
We find that though there was no justification of the counsel for the applicants-appellants for non-appearance on 10.03.2023, however, in the interest of justice, this Court allows the present civil restoration application and D.B. CFA No.390/2021 is ordered to be restored to its original number, subject to deposition of cost of Rs.10,000/- by learned counsel for the appellants in Rajasthan State Legal Services Authority, High Court Premises, Jaipur within a period of two weeks.
List the matter on 31.05.2023.
(ASHUTOSH KUMAR),J
(ASHOK KUMAR GAUR),J
AARZOO ARORA /01
1 issue framed by the court
Whether an application for restoration of a dismissal due to non-appearance of counsel is maintainable in the interest of justice.
Mahesh Gupta
Nirmal Nagori
Ashok Kumar Gaur
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
