NDLI: The Commissioner, Mysore Urban Development Authority Vs. S.s. Sarvesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	r.19 and Or.XLIII CPC r.1(t) Or.XLI Art. 227 sufficient cause Dismissal in default
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
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 appeal – Dismissal by the appellate 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 appellant-Authority was to file an appeal in the High Court against the order u/Or. XLIII, r. 1 (t) – Appellant-Authority erred in filing the writ petition u/Article 227 against the order – Furthermore,the courts below should have seen that the first appeal is a valuable right of the appellant and, thus, the appellant-Authority was entitled for an opportunity to prosecute their appeal on merits – If the appellant's advocate did not appear may be for myriad reasons,the court could have imposed some cost on them for restoration of their appeal to compensate the respondent – Application made by the appellant-Authority for recalling of the order, constitutes a sufficient cause within the meaning of Or. XLI, r. 19, and thus, is allowed, subject to payment of cost of Rs.10,000/- payable by the appellant-Authority to the respondent – Order of the High Court is set aside.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2019 INSC 147
Petitioner	The Commissioner, Mysore Urban Development Authority
Respondent	S.s. Sarvesh
SCR	[2019] 2 S.C.R. 813
Judgement Date	2019-02-05
Case Number	1463

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