State Bank of India v. Badruddin A.K. Khokhwala, (SC) BS193699
SUPREME COURT OF INDIA

Before:-V.N. Khare and N. Santosh Hegde, JJ.

Civil Appeal No. 6163 of 2000. D/d. 3.11.2000.

State Bank of India, Hosur - Appellant

Versus

Badruddin A.K. Khokhwala & Anr. - Respondents

Restoration of Suit - Sufficient Cause Made Out

ORDER

Leave granted.

The appellant herein filed suit for recovery of money against the respondents. On 7.2.1991, the suit was dismissed for default. An application for restoration was moved by the appellant. The Trial Court allowed the application and restored the suit to its original number. The defendant-respondents preferred a revision against restoration of the suit. The High Court allowed the revision and set aside the order of the Trial Court. It is against the said judgment, the appellant is in appeal before us.

2. We have heard learned Counsel for the parties and perused the record. We are satisfied that the appellant had made out sufficient cause for restoration of the suit and the High Court fell in error in interfering with the said order. Consequently, we set aside the judgment and order under challenge and restore the order of the Trial Court. The Trial Court shall now proceed with the suit on merits.

3. The appeal is allowed. There shall be no order as to costs.

Appeal allowed.