Application for restoration should not be decided only on technical approach

Raghunath Manjhiwar Vs Ghanshyam Gupta (Chhattisgarh High Court) It has been stated that a wrong date was noted in the case diary and when the counsel appeared on 02.06.2009 he came to know that the petition stood dismissed for want of prosecution on an earlier date i.e., 04.04.2009. Immediately after two days, the application for restoration was filed on 04.06.2009. As per the settled principles, the dismissal of a case for single default of appearance would be too harsh for an abrupt and inglorious end of a claim before a court of law. Therefore, when the applications are filed to restore th...