S.M.I Kazim vs New India Assurance Co.Ltd.& Anr
- SCC(2012) 5 SCC 621
Ratio decidendi
The rule this decision rests on
A court should not apply hyper-technical procedures to dismiss a petition for non-prosecution when the applicant has provided a satisfactory explanation for the delay; instead, the court should consider such applications sympathetically and decide them on their merits rather than on procedural grounds alone.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
S.M.I.KAZIM ... APPELLANT
VERSUS
NEW INDIA ASSURANCE CO. LTD. & ANR. ... RESPONDENTS
O R D E R
1. Leave granted.
2. This appeal is directed against the judgment and order
dated 12.01.2011 of the High Court of Judicature at Allahabad in
Civil Miscellaneous Application No.34180 of 2010 in Civil
Miscellaneous Writ Petition No.62495 of 2007. By the impugned
judgment, the High Court has refused to recall the earlier order
dated 03.12.2009.
3. Keeping in view the peculiar facts and circumstances
pleaded in the petition, we are of the opinion that the High Court
ought to have considered the application filed by the
applicant/appellant more sympathetically instead of approaching the
matter with hyper technicality while considering the request for
recalling the order passed and dismissing the petition for non-
prosecution.
4. We have perused the explanation offered by the appellant
in the application filed in recalling the order
: 2 :
dated 03.12.2009. We are satisfied that the explanation offered is
satisfactory and therefore, instead of remanding the matter to the
High Court, for fresh consideration of those application, we set
aside the impugned orders passed by the High Court dated 12.01.2011
and 03.12.2009 and remand the matter to the High Court with a
request to decide the petition on merits.
Appeal is disposed of.
Ordered accordingly.
.......................J. (H.L. DATTU)
.......................J. (CHANDRAMAULI KR. PRASAD)
NEW DELHI;
JANUARY 09, 2012
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