In Brief
The appellant filed a civil suit in 1994 seeking declaration and injunction over a plot of land. The suit was dismissed for default in 2008. He promptly applied to restore it under CPC Order IX, Rule 9, but the Trial Court dismissed this in 2011, stating he lacked interest due to absence. The High Court upheld this dismissal. The Supreme Court reversed both orders. Court records showed the appellant attended nearly all hearings on the restoration application; his sole absence was on the dismissal date due to court workload constraints. The Court held he demonstrated genuine interest and deserved a fair opportunity to pursue his original claim. The suit was restored for trial.
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