In Brief
The Mysore Urban Development Authority's first appeal was dismissed in default when its counsel failed to appear on the hearing date. The Authority sought recall and restoration of the appeal under Order 41 Rule 19 of the Code of Civil Procedure, but both the Appellate Court and High Court rejected this application. The Supreme Court allowed the appeal, holding that a party has a valuable right to have its case heard on merits rather than dismissed by default. Courts must apply natural justice principles and should ordinarily restore defaulted appeals if sufficient cause is shown, imposing costs if necessary rather than denying the party a hearing. The case was remitted for hearing on merits.
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