The Delhi High Court has observed that the restoration applications are to be dealt with liberally as the right to represent one's cause before a Court is a fundamental right.
Justice C Hari Shankar was dealing with a plea challenging an order passed by the Senior Civil Judge which had dismissed a restoration application filed by the petitioner.
The petitioner contended, in the restoration application, that on the date when he was absent for the hearing, the proceedings were taken up virtually and that he was unable to join the proceedings.
The Senior Civil Judge, in passing the impugned order, had proceeded solely on the ground that, as per the dates of physical hearing, notified by High Court, the matter was taken up on physical hearing on 30th October, 2021 when the petitioner was absent.
The Senior Civil Judge had not found the petitioner to be guilty of repeated absence. The application for restoration was dismissed on the sole ground that the matter was listed on 30th October, 2021 for physical hearing and not for virtual hearing.
"In my considered opinion, the learned SCJ could have granted one more opportunity to the petitioner, rather than dismissing the petitioner's application for restoration," the Court said.
It added "It is well settled that restoration applications are to be dealt with liberally, as the right to represent ones' cause before a Court is a fundamental right."
Accordingly , the Court issued notice on the plea and re notified the matter for further hearing on 3rd June, 2022.
Case Title: SH.PANNA LAL v. BHAGMAL KATARIA & ANR.
Citation: 2022 LiveLaw (Del) 516