Listing Date Not Updated On E-Courts Site: Kerala High Court Directs Authority To Consider Restoring Appeal Dismissed For Non-Appearance

The Kerala High Court has directed the Rent Control Appellate Authority to reconsider the application for restoration of an appeal preferred by an evicted tenant, that was dismissed for default, i.e. non-appearance of his counsel.The Division Bench comprising Justice A. Muhamed Mustaque and Justice Johnson John was informed that the counsel could not appear as the next posting date of the case was not updated on the Case Information System Software.The Case Information System Software (CIS) is a measure to make the Indian Judiciary more transparent so that lawyers, litigants and the general public would be enabled to view status updates, orders and the hearing dates of their cases. These services are available in the e-Courts website.The petitioner in the case was the tenant of the rented premises and the appellant in the Rent Control Appellate Authority-V, Thiruvananthapuram. The Rent Control Appeal filed by the petitioner before the Rent Control Appellate Authority was dismissed due to non-representation after being adjourned three times. The counsel for the petitioner had failed to appear in the case since there was no updation on the e-Courts website.Subsequently, a restoration application was filed against the dismissal. This was also dismissed for default. Thereafter, upon execution proceedings being instituted, the petitioner was evicted.Earlier, the Court had directed the Registry to call for a report from the Appellate Authority, and from the Director of IT regarding the non-updation of the e-Courts website.In the report, it was mentioned that the next posting dates were pronounced in the open Court and entered in the 'A' Diary. However, the Court found that there was a mistake on the part of the bench clerk in updating the website.It observed:"In the light of the report as above, we are of the view that the dismissal of the restoration application has to be set aside, and it is restored. The Rent Control Appellate Authority shall consider the restoration application on its merits after hearing both sides."Therefore, Original Petition was disposed of, setting aside the order of dismissal of the restoration application. The Rent Control Appellate Authority was directed to consider the restoration application on its merits after hearing both sides. The execution proceedings were also directed to be kept in abeyance till then.Case No: O.P. (RC) No. 93 of 2025Case Title: Suresh v. Sree Narayana Smaraka Samathi TrustCitation: 2025 LiveLaw (Ker) 345Counsels for the Petitioner: Sri. S. Mohammed Al Rafi, Smt. Thajuna Maria FrancisCounsels for the Respondent: Shri. Rahul Krishnan U.S., Shri. Kiran Krishna, Shri. Siddique SulaimanClick to Read/Download Judgment

Listing Date Not Updated On E-Courts Site: Kerala High Court Directs Authority To Consider Restoring Appeal Dismissed For Non-Appearance

K. Salma Jennath

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