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M/S Babu Ram Ashok Kumar v. Mushtaq Ali and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 5454-55 of 2016)Decided 29 Jun 2016
Civil Appeal Nos. 5454-55 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The dispute traces back to a second appeal (RSA No. 287 of 1986) decided by the Punjab and Haryana High Court on 28.11.2013. The appellant filed a review petition against that judgment within time, but later, an application to restore the review petition (after it had lapsed) was dismissed by the High Court on 04.09.2014 on the ground that the applicant had not pursued the case diligently. The appellant challenged this dismissal before the Supreme Court.

Decision Breakdown

The Supreme Court noted there was no dispute that the original review petition had been filed on time, and that the only issue was the restoration application's dismissal for want of diligence. After hearing both sides, the Court held that the restoration application deserved to be considered on its own merits, and set aside the High Court's 04.09.2014 order. It restored the review application to the High Court's file and directed the parties to appear before the High Court on 01.08.2016, warning that the review would stand dismissed again if the petitioner failed to appear. The Court expressly declined to comment on the merits of the underlying review petition itself, leaving that for the High Court, while continuing an earlier status quo order on possession dated 06.01.2015 until the High Court disposed of the matter.

Lesson Learnt

A litigant's timely-filed review petition should not be shut out merely because a later restoration application was dismissed for lack of diligence, if the underlying facts show the delay was not wilful: courts can and will revive such applications for a fresh hearing on merits rather than letting a procedural lapse end the case permanently.

Official source (sci.gov.in)View Judgment (PDF)

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