Supreme Court of India · 2009-08-21
BALGOBIND MAHTO (DEAD) THROUGH LRS. vs CHAMARI THAKUR
- Citation / case number
- SC 2003/13175
- Court
- Supreme Court of India
- Petitioner
- BALGOBIND MAHTO (DEAD) THROUGH LRS.
- Respondent
- CHAMARI THAKUR
Judgment text excerpt
The Supreme Court held that the appellate court erred in rejecting the application for restoration of the appeal dismissed for non-prosecution. The Court emphasized that the appeal should have been restored to its original file to allow for a proper hearing. Consequently, the Court allowed the appeal, set aside the impugned orders, and directed the appellate court to dispose of the appeal within one year from the receipt of the order.