Supreme Court of India · 2009-01-07
RAJ KUMAR JAIN vs INDRA PRASTHA BUILDERS PVT LTD., .
- Citation / case number
- SC 2007/18912
- Court
- Supreme Court of India
- Petitioner
- RAJ KUMAR JAIN
- Respondent
- INDRA PRASTHA BUILDERS PVT LTD., .
- Author
- B.N. AGRAWAL,G.S. SINGHVI, , ,
- Bench
- B.N. AGRAWAL,G.S. SINGHVI, , ,
Judgment text excerpt
The Supreme Court set aside the High Court's orders dismissing the application for restoration of the appeal, emphasizing that the absence of counsel was due to non-marking of the case in the cause list. The Court held that the High Court should have considered the affidavit supporting the restoration application and restored the appeal with a condition of heavy costs imposed on the appellants. The appeal was restored to the High Court with a directive for expedited disposal due to the prolonged pendency of over twenty years.