Ashutosh Gaur vs New Delhi Municipal Council & Anr

The Supreme Court held that the non-appearance of the appellant's advocate in a civil suit cannot be deemed intentional, warranting the restoration of the suit dismissed in default. The Court found that the lower courts failed to appreciate the circumstances surrounding the non-appearance, leading to an unjust dismissal of the restoration application. Consequently, the appeal was allowed, the impugned orders were set aside, and the suit was restored to the Trial Court for adjudication in accordance with law.