Allahabad High Court
KANHAIYALALversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The impugned order dismissing the restoration application was set aside and the matter remitted for a fresh order after a merit hearing.
Summary
The petitioner Kanhaiyalal filed a writ petition challenging the dismissal of his application for restoration of a suit. The High Court examined whether the respondent authority could dismiss the restoration application despite a legal impediment and without hearing the petitioner on merits. The Court held that if the restoration application is to be allowed, the authority must not dismiss it without a merit hearing. Consequently, the impugned order dated 07.02.2025 was set aside and the matter was remitted to the respondent to pass a fresh order after hearing the petitioner and to consider whether the restoration application is barred by law. The writ petition was thereafter disposed.
Issues considered
- Whether the respondent authority can dismiss a restoration application despite a legal impediment without hearing the petitioner on merits
- Whether the restoration application is barred by law
Subjects
- restoration of suit
- writ petition
- hearing on merits
- legal impediment
- remand
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 43076 of 2025
Kanhaiyalal
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Salilendu Kumar Upadhyay
Counsel for Respondent(s) : C.S.C.
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard learned counsel for petitioner and learned Standing Counsel for
State at length.
2. At this stage, Court finds that if restoration application was allowed and
suit was restored to its original position vide order dated 12.07.2024, said
Authority cannot dismiss the restoration application even there was a
legal impediment and for that petitioner has to be heard on merit.
3. In aforesaid circumstances, impugned order dated 07.02.2025 is set
aside and matter is remitted back to concerned respondent to pass a fresh
order after hearing the petitioner on merit. Concerned respondent may
also consider an issue that whether restoration application was barred by
law or not.
4. Writ petition stands disposed of with above observations.
(Saurabh Shyam Shamshery,J.)
March 19, 2026
N. Sinha
Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad
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