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Applicant failed to demonstrate sufficient reasons or due diligence for non-compliance with court orders. Repeated failure to adhere to timelines and lack of credible evidence for absence constitute negligence. Court cannot condone such conduct; discretionary power not exercised in Applicant's favor.
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The appellant failed to advance sufficient cause for non-appearance on the hearing date, as the medical report did not preclude attendance and the claim of both advocates being bereaved was unsupported by affidavit. The issue of vulnerability was not raised at the tribunal and is not a legal ground for setting aside the dismissal. The tribunal's decision stands.
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The court held that since the dismissal order was made in the presence of the plaintiffs after their refusal to proceed, Order IX Rule 6(1) of the Civil Procedure Code does not apply, and the court is functus officio and lacks jurisdiction to set aside its own order.
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The High Court dismissed an application to set aside a dismissal order for a counterclaim, finding the applicants had shown no good cause for their non-appearance.
The High Court allowed a land appeal, holding that the tribunal dismissed the matter too quickly and without properly ensuring the parties were available or heard.
The applicant failed to provide sufficient cause for non-appearance on the date of dismissal. The reasons advanced were not substantiated, proper procedures were not followed, and negligence of counsel does not justify restoration. The application lacked merit and was dismissed with costs.
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The High Court’s Land Division struck out a land application as incompetent after finding the prayers could not be determined together because of improper citation.
The High Court struck out an application for leave to appeal, holding that the proper remedy against a dismissal for want of prosecution was to seek setting aside.
The High Court Land Division dismissed an application to set aside a dismissal order, holding it was filed 14 days out of time and no extension had been sought.
The Labour Court was justified in setting aside the dismissal order due to material irregularities and errors in the arbitral tribunal's records, which had a reasonable possibility of causing injustice, and because sufficient cause for non-appearance was established. The appellate court will not interfere with the lower court's discretion unless exercised unreasonably or in violation of legal principles.
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