FIRDOUS OMER (D) BY LRS. vs BANKIM CHANDRA DAW (D) BY LRS. .

The Supreme Court addressed the issue of restoration of a suit dismissed for non-prosecution under Rule 35 of Chapter X of the Original Side Rules of the Calcutta High Court. The Court held that the plaintiffs must demonstrate sufficient cause for the delay in representation and the absence of latches on their part. The Court emphasized the importance of adhering to procedural rules while allowing the restoration of the suit, thereby reinforcing the principle that litigants should not be penalized for procedural lapses if justifiable reasons are provided.