SHIRLEY NITA SINGH Vs. SANJAY LAL & ANR.

JUDGEMENT

(1.) The appellant filed a suit for recovery of Rs.4,69,000.00 under Order 37 of the Code of Civil Procedure against the respondent, which was dismissed on 7th Jan., 2010 by the Trial Court for non-prosecution. The appellant filed an application under Order 9, Rule 9 of the Code of Civil Procedure for restoration which was dismissed by the Trial Court on 29th Nov., 2010. The application for review of the order dated 29th Nov., 2010 was also dismissed on 18th Dec., 2010.

(2.) The appellant filed an appeal against the order dated 29th Nov., 2010 which was dismissed by this Court on 25th Feb., 2011. The appellant filed SLP (C) No.16186/2011 (which was converted into Civil Appeal No. 7220/2014) against the order dated 25th Feb., 2011 in which the Supreme Court vide order dated 25th Feb., 2011 remanded the matter back to this Court for consideration of appeal on merits.

(3.) The law with respect to the condonation of delay is well settled. The approach has to be liberal and judicious guided by the paramount consideration of not depriving a litigant ordinarily of adjudication of rights on merits. Hypertechnical, too strict, and pedantic approach may cause injustice that has to be avoided.