Restoration of appeal for non-prosecution where prior adjournment request and postal proof showed diligence

An appeal dismissed for want of prosecution may be restored where the applicant gives a satisfactory explanation for non-appearance and supports it with material showing diligence. The Tribunal accepted that an adjournment request had been sent before the hearing date and that postal proof corroborated it, which justified recalling the earlier dismissal order. The appeal was accordingly restored to its original number and revived for hearing on merits.

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Issues: Whether the appeal dismissed for want of prosecution should be restored to the file by recalling the earlier order.

Analysis: The applicants showed that an adjournment request had been sent before the hearing date and produced postal proof in support. In view of the explanation for non-appearance and the request to revive the appeal, the Tribunal exercised discretion to restore the matter.

Conclusion: The appeal was restored to its original numbers by recalling the earlier dismissal order.

Final Conclusion: The dismissal for non-prosecution was set aside and the appeal was revived for hearing on merits.

Ratio Decidendi: A matter dismissed for want of prosecution may be restored where the party furnishes a satisfactory explanation for non-appearance and supports it with material showing diligence.

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