Supreme Court of India · 2001-12-13
DAVINDER PAL SEHGAL vs M/S.PARTAP STEEL ROLLING MILL.P.LTD.&ORS
- Citation / case number
- SC 2001/5304
- Court
- Supreme Court of India
- Petitioner
- DAVINDER PAL SEHGAL
- Respondent
- M/S.PARTAP STEEL ROLLING MILL.P.LTD.&ORS
- Author
- B.N. AGRAWAL M.B. SHAH
- Bench
- B.N. AGRAWAL M.B. SHAH
Judgment text excerpt
The Supreme Court held that the dismissal of a suit for default under Order 9 Rule 9 of the Code of Civil Procedure must consider the principles of natural justice and the circumstances leading to the absence of the plaintiffs. The Court emphasized that the trial court's failure to address the limitation aspect in its restoration order was a significant error, leading to the High Court's decision being set aside. The appeal was allowed, restoring the trial court's order to reinstate the suit.