Davinder Pal Sehgal & Anr vs M/S Partap Steel Rolling Mills Pvt. Ltd. ...

The Supreme Court held that the dismissal of a suit for non-prosecution under Order 9 Rule 9 of the Code of Civil Procedure can be restored if sufficient cause is shown for the absence of the plaintiffs or their counsel. The Court emphasized the need for the trial court to consider the application for restoration on merits, including the aspect of limitation under Section 5 of the Limitation Act. The High Court's order setting aside the trial court's restoration of the suit was overturned, and the matter was remanded for consideration on merits.