Supreme Court · 2007 INSC 341 · Decided 26 March 2007
Sarwan Singh v. Kishan Singh (Dead) THR. LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 341 · [2007] 4 S.C.R. 468
- Case number
- CIVIL APPEAL No. 1583/2007
- Decided
- 26 March 2007
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 151
Headnote
Code of Civil Procedure, I 908-0rder XL/, Rule I 9-Restoration of .... appeal dismissed for default-Scope of-,-Held: Appeal is to be restored since ~~- c the reasons were indicated for non appearance when matter was taken up and the same are correct-Restoration of appeal cannot be refused merely after making observations on ' I the merits of the case. Application was filed under Order XLI Rule 19 read D with section 151 CPC to restore the appeal. Reasons for non-appearance on the date fixed were indicated in the application. High Court dismissed the application. Hence, the present
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