DWARIKA PRASAD vs NIRMALA .

The Supreme Court upheld the High Court's decision to restore Civil Suit No. 3A of 1996, which had been dismissed as withdrawn, based on findings of fraud regarding the withdrawal application filed by the late father of the respondent. The Court emphasized that under Order IX Rule 9 and Section 151 of the Code of Civil Procedure, a party can seek to set aside a dismissal for default if fraud is established. The Court confirmed the High Court's order to condone the delay in filing the application for recalling the earlier order, thereby allowing the case to proceed on merits.