Restoration after pre-deposit default: appeal revived once the ordered deposit was made and dismissal was not on merits.

An appeal dismissed for non-compliance with a pre-deposit order may be restored where the dismissal was not on merits and the appellant later complies with the deposit direction. The Tribunal applied the principle that a dismissal for non-deposit is not a final adjudication of the dispute, and that, absent a statutory bar, it may recall the order when the ends of justice so require. It also treated substantial justice as prevailing over technical delay in compliance once the ordered amount had ultimately been deposited. The restoration application was allowed and the appeal was restored to its original number.

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Issues: Whether an appeal dismissed for non-compliance with a pre-deposit order could be restored after the appellant subsequently deposited the amount ordered.

Analysis: The Tribunal noted that the earlier dismissal did not decide the appeal on merits and that the appellant had thereafter complied with the pre-deposit direction. It relied on the principle that an order dismissing an appeal for non-deposit is not a final adjudication of the dispute and that, where the statute does not prohibit it, the Tribunal may recall such an order if the ends of justice so require. The Tribunal also applied the rule that substantial justice should not be defeated by a technical delay in compliance, especially when the required amount had ultimately been deposited.

Conclusion: The restoration application was allowed and the appeal was restored to its original number.

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