ASHUTOSH GAUR vs NEW DELHI MUNICIPAL COUNCIL

The Supreme Court held that the non-appearance of the petitioner's advocate should not be deemed intentional, and thus the Trial Court erred in dismissing the restoration application. The Court found that the High Court and Additional District Judge failed to appreciate the circumstances surrounding the petitioner's non-appearance. 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.