KAJAL REANG Vs. SATI RANI REANG

JUDGEMENT

(1.) This appeal is filed by the original plaintiffs who had filed T.S.(P) No.21 of 2014 before the learned Civil Judge (Senior Division), Gomati Tripura, Udaipur. The suit was dismissed for non-prosecution by the Civil Court upon which initially an appeal was filed before the High Court. Such appeal was withdrawn on 14.08.2018 with a liberty to file appropriate application. The appellants thereupon filed miscellaneous (restoration) application No.14 of 2018 before the learned Civil Judge and requested that the order be recalled and the suit be restored to file. Such application came to be dismissed by the impugned judgment and order dated 03.04.2019. On the question of justification for restoration, the learned Judge was convinced in favour of the appellants which can be gathered from the following observations:

(2.) Despite this, restoration application was dismissed on the ground that even ignoring the period during which the appellants were prosecuting the cause before the High Court, there was further delay of 34 days in filing the restoration application and no application for condonation of delay was filed.

(3.) In the larger interest of justice when the Civil Court was convinced that there were sufficient grounds for restoration of the civil suit recalling the order of dismissal, the Court could have put to the appellants whether they desired to file application for condonation of delay. Dismissing the application for restoration on the ground that there was no prayer for condonation of delay of 34 days, would act harshly against the appellants.