Supreme Court · 2019 INSC 147 · Decided 5 February 2019
The Commissioner, Mysore Urban Development Authority v. S.S. Sarvesh
- Court
- Supreme Court of India
- Citation
- 2019 INSC 147 · [2019] 2 S.C.R. 813
- Case number
- CIVIL APPEAL No. 1463/2019
- Decided
- 5 February 2019
- Bench
- ABHAY MANOHAR SAPRE, DINESH MAHESHWARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 227
Headnote
Code of Civil Procedure, 1908: Or.XLI, r.19 and Or.XLIII, r.1(t) - Dismissal in default - Restoration - Dismissal of first appeal filed by the Development Authority for non-appearance of the counsel - Application filed seeking recall of the order and restoration of the court - Writ petition by the High Court u/Art. 227 also dismissed - On appeal, held: An order of refusal to re-admit the appeal passed by the appellate court u/Or. XLI, r. 19 is made expressly appealable u/Or. XLIII, r. 1(t) to the High Court - Remedy of the
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