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Issues: (i) Whether the delay of 706 days in filing the leave petition deserved condonation; (ii) Whether the complaint dismissed for default and non-prosecution should be restored.
Issue (i): Whether the delay of 706 days in filing the leave petition deserved condonation.
Analysis: The delay was explained on the basis that the petitioner was not properly informed about the dismissal order by previous counsel and had been assured that the matter was being pursued. The record indicated that the petitioner was not deliberate in remaining absent and that the lapse was attributable to counsel's negligence rather than any intentional inaction by the petitioner. In such circumstances, sufficient cause was made out.
Conclusion: The delay of 706 days was condoned in favour of the petitioner.
Issue (ii): Whether the complaint dismissed for default and non-prosecution should be restored.
Analysis: The complaint arose from dishonoured cheques and the dismissal had occurred because the petitioner and counsel were not diligent in appearance. The governing consideration was that a litigant should not suffer irreparable prejudice solely because of the negligence or slackness of previous counsel, particularly where the dispute involved a substantial cheque dishonour claim and the petitioner sought to prosecute the complaint on merits. Restoration was therefore warranted.
Conclusion: The dismissal order was set aside and the complaint was restored in favour of the petitioner.
Final Conclusion: The petitioner obtained condonation of delay and restoration of the complaint, with the matter remitted for further proceedings before the trial court on payment of costs.
Ratio Decidendi: A litigant should not be denied adjudication on merits where the delay or non-appearance is satisfactorily explained by counsel's negligence and sufficient cause is shown for restoration.
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