RAFIQ & ANR. versus MUNSHILAL & ANR.

RAFIQ & ANR. versus MUNSHILAL & ANR.

An appeal dismissed due to absence of advocate should be restored where the litigant is otherwise innocent and has done everything possible; costs for unnecessary litigation due to advocate's absence should be recovered from the advocate.

Parties
Appellant: Rafiq; Respondent: Munshilal
Jurisdiction
India
Judgment Date
16 April 1981
Procedural Posture
Civil Appeal / Appeal by Special Leave From Order of Allahabad High Court Rejecting Recall Application and Dismissing Appeal in Second Appeal
Outcome
Appeal allowed
Legal Topics
Restoration of Appeals, Advocate's Absence at Hearing, Costs Recovery From Advocate
Civil Procedure Restoration of Appeals Advocate's Absence at Hearing Costs Recovery From Advocate

Case Brief

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Parties

Rafiq

Appellant

Munshilal

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Order of Allahabad High Court Rejecting Recall Application and Dismissing Appeal in Second Appeal

Legal Issues

  1. 1 Whether a litigant is entitled to have an appeal restored where dismissal occurred due to advocate's failure to appear
  2. 2 Whether costs can be recovered from advocate where his absence caused the dismissal

Ratio Decidendi

An appeal dismissed due to absence of advocate should be restored where the litigant is otherwise innocent and has done everything possible; costs for unnecessary litigation due to advocate's absence should be recovered from the advocate.

Court Disposition

Appeal allowed

Orders

  • Set aside High Court order dismissing appeal and refusing recall application
  • Restored appeal to original position in High Court for disposal according to law