The Commissioner Mysore Urban ... vs S.S. Sarvesh

The Supreme Court held that the dismissal of the first appeal under Section 96 of the Code of Civil Procedure, 1908, due to the appellant's absence, can be set aside under Order 41 Rule 19 if sufficient cause is shown. The Court found that the High Court erred in affirming the Appellate Court's dismissal of the application for restoration of the appeal. Consequently, the Supreme Court allowed the appeal, set aside the impugned orders, and directed the restoration of the first appeal for hearing.