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august 2008

Supreme Court of India · 2008-08-01

Chiranji Lal vs Prem Lal & Anr

Court
Supreme Court of India
Petitioner
Chiranji Lal
Respondent
Prem Lal & Anr
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court held that the dismissal of a suit for default does not preclude the filing of an application for restoration, which can be filed without the signature of the parties as per Rules 27 and 29 of the General Rules (Civil), 1957. The Court found that the appellant took prompt steps to file the application for restoration, and thus, the rejection of the application on procedural grounds was improper. The Court ordered the restoration of the suit, emphasizing that procedural defects should not lead to dismissal without giving an opportunity to rectify them.

Chiranji Lal vs Prem Lal & Anr · Niyam