S.M.I KAZIM vs NEW INDIA ASSURANCE CO.LTD.

The Supreme Court set aside the Allahabad High Court's orders dated 12.01.2011 and 03.12.2009, which had refused to recall an earlier order dismissing a petition for non-prosecution. The Court found that the High Court approached the matter with undue technicality and should have considered the appellant's explanation more sympathetically. Consequently, the matter was remanded to the High Court for a decision on the merits of the petition.