VidhiSangh

Supreme Court of India · 05/02/2019

THE COMMISSIONER, MYSORE URBAN DEVELOPMENT AUTHORITY versus S.S. SARVESH

[2019] 2 S.C.R. 813 · 2019 INSC 147

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A first appeal dismissed for counsel’s nonappearance was restored on sufficient cause and payment of costs. Refusal to readmit such an appeal under Order XLI Rule 19 CPC is expressly appealable under Order XLIII Rule 1(t). The High Court should have addressed that statutory remedy instead of deciding an Article 227 petition on merits. The substantive property dispute remained open for appellate adjudication.

Issues

  1. What remedy lay against refusal to restore a first appeal dismissed in default, and whether restoration was justified.

Provisions considered

Held

Result

Appeal allowed; impugned order set aside, restoration application allowed and first appeal restored subject to ₹10,000 costs payable to the respondent before hearing. Parties directed to appear before the appellate court on 5 March 2019.

Judgment PDF: Supreme Court of India, [2019] 2 S.C.R. 813.