SARWAN SINGH vs KISHAN SINGH(DEAD) THR. LRS. .

The Supreme Court held that the dismissal of a Second Appeal for non-appearance does not preclude restoration if valid reasons for absence are provided, as per Order XLI Rule 19 and Section 151 of the Code of Civil Procedure, 1908. The Court found that the High Court erred in dismissing the restoration application solely on the basis that the appeal was decided on merits, without considering the appellant's explanation for non-appearance. Consequently, the Court set aside the High Court's order and restored the Second Appeal.