Skip to content


Ananta Pandu Porobo Desai and ors. Vs. Smt. Lalita Poi - Court Judgment

LegalCrystal Citation
CourtSupreme Court of India
Decided On
Judge
Reported in(1978)2SCC681a
AppellantAnanta Pandu Porobo Desai and ors.
RespondentSmt. Lalita Poi
Excerpt:
- .....not been able to contest the position that the very same advocate who appeared in the suit on behalf of the plaintiff could file an application for restoration of the suit on the authority of the original vakalatnama executed by the plaintiff in his favour. 2. on the merits, it is in the interests of justice that the order dismissing the suit for default be set aside and the suit restored to file. we accordingly direct that the trial court will restore the suit and dispose it of in accordance with law. the appellants shall pay the costs of this appeal to the respondent, which we quantify at rs 1000, as a condition precedent to the restoration of the suit. the costs of the suit, from its institution until its disposal hereafter, shall be paid by the appellants to the respondent in any.....
Judgment:

V. CHANDRACHUD, J.—

1. Mr Vineet Kumar who appears on behalf of the respondent has not been able to contest the position that the very same advocate who appeared in the suit on behalf of the plaintiff could file an application for restoration of the suit on the authority of the original vakalatnama executed by the plaintiff in his favour.

2. On the merits, it is in the interests of justice that the order dismissing the suit for default be set aside and the suit restored to file. We accordingly direct that the trial court will restore the suit and dispose it of in accordance with law. The appellants shall pay the costs of this appeal to the respondent, which we quantify at Rs 1000, as a condition precedent to the restoration of the suit. The costs of the suit, from its institution until its disposal hereafter, shall be paid by the appellants to the respondent in any event. The appeal is disposed of accordingly.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //