In Brief
The State of Uttarakhand challenged its suit being set down ex parte after it failed to appear despite service of notice. The court allowed the State's application for recall, permitting it to file a Written Statement and proceed to framing of issues. However, the State was ordered to bear all costs of the application and the delay caused. The judgment clarified that while a State cannot escape procedural responsibilities by remaining absent, a prompt application for recall—once served with notice—may be granted subject to payment of costs, allowing the matter to proceed on merits.
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