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Supreme Court of India 2019-01-09 allowed

Kusumben Indersinh Dhupia vs Sudhaben Biharilalji Bhaiya & Anr

Bench: 2 — Banumathi

In Brief

The appellant filed a suit for declaration and injunction in 1994. The suit was dismissed for default in 2008, and the appellant's application to restore it was rejected by both the trial court and high court on grounds of non-prosecution. The Supreme Court examined the court record (Rojkam-order sheet) and found the appellant was present in nearly all hearings—indicating genuine interest. The appeal was allowed, the suit was restored, and the trial court was directed to expedite proceedings and give both parties fair opportunity to be heard.

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Civil Procedure Restoration of Suit Code of Civil Procedure 1908

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