In Brief
The Mysore Urban Development Authority's appeal was dismissed in default when its counsel failed to appear. It later applied to restore the appeal, citing Order 41 Rule 19 of the CPC, but the Appellate Court and High Court dismissed the restoration plea. The Supreme Court allowed the appeal, holding that courts should grant litigants the opportunity to be heard on merits rather than condemn them unheard. While the proper remedy lay in an appeal under Order 43 Rule 1(t), the Court held the High Court erred in dismissing the writ petition and should have allowed it. The Court emphasized that dismissal after hearing is preferable to default dismissal, and costs could be imposed instead of depriving a party of the right to appeal. The appeal was restored, subject to payment of Rs. 10,000 costs.
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