ANANTA PANDU POROBO DESAI Vs. LALITA POI

JUDGEMENT

(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 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. 1000.00, 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.

(3.) The appeal is disposed of accordingly.