In Brief
The Mysore Urban Development Authority's civil suit defence was dismissed in default by the Appellate Court when its counsel failed to appear. The Authority sought recall and restoration of the appeal under Order 41 Rule 19 of the CPC, which was rejected by both the Appellate Court and High Court. The Supreme Court held that a first appeal is a valuable right that should not be taken away. Courts must recall default dismissals when sufficient cause is shown and should impose costs rather than deprive litigants of the chance to be heard on merits. The Court allowed the appeal and restored it for hearing before the Appellate Court.
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