MANMOHAN SINGH Vs. SUDESH CHAND

JUDGEMENT

(1.) Despite service, none has put appearance on behalf of the respondents. Record shows that on 24.12.1997 none appeared on behalf of the appellant and accordingly, the appeal was dismissed in default.

(2.) Immediately, thereafter the appellant moved an application for restoration of the appeal, wherein it was stated that on the date referred to above, his counsel met with an accident and accordingly, he could not appear before the Court and, as such, no fault can be found with the appellant and a prayer was made that the appeal be heard on merits. That application was also dismissed vide order dated 4.9.2000.

(3.) Record reveals that the appellate Court below has taken about two years in deciding application for restoration of the appeal, during this period, that appeal could have been restored and decided on merits. In such like matters, when application is filed within the period of limitation, Courts are supposed not to waste time and may give opportunity to the parties concerned to argue the matter on merits.