Liberal restoration of revision dismissed for default ensures a merits hearing, with costs available as a condition for reopening

Where a revision is dismissed ex parte for default, restoration should ordinarily be approached liberally so the dispute is decided on merits rather than on non-appearance. The High Court noted that the party had been denied a merits hearing and that the revisional authority could impose costs as a condition for setting aside the default order. It therefore set aside both the dismissal and the refusal to restore, and directed rehearing of the revision on merits after affording an effective opportunity of hearing.

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Issues: Whether the ex parte dismissal of the revision petition for default, and the subsequent refusal to restore it, were liable to be quashed and the revision heard on merits.

Analysis: The petitioner had been deprived of a merits hearing in revision after non-appearance on the fixed date. A liberal approach was warranted while considering restoration of the ex parte dismissal, particularly because the revisionary authority could impose costs as a condition for setting aside the default order. The appropriate course was to restore the revision and require it to be decided on merits after affording an effective opportunity of hearing.

Conclusion: The ex parte dismissal order and the order refusing restoration were set aside, and the revision was directed to be reheard on merits on payment of costs.

Final Conclusion: The writ petition succeeded, resulting in restoration of the revision proceedings before the authority for adjudication on merits.

Ratio Decidendi: Where a revision is dismissed for default, restoration should ordinarily be considered liberally so that the matter is decided on merits, subject to appropriate costs if necessary.

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