https://www.taxtmi.com/caselaws?id=96015 Dismissal for default may be set aside where the failure to prosecute is tied to counsel's absence or negligence, and the litigant should not be penalised for counsel's fault. Here, the appellants had not informed the Tribunal of their change of address and had not shown diligence, but the surrounding circumstances, including counsel's failure, justified relief in the interests of justice. The dismissal was therefore restored and the appeals were taken back for hearing. en-us Thu, 17 May 2001 00:00:00 +0530 Fri, 16 Dec 2011 16:11:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=96015 Dismissal for default may be set aside where the failure to prosecute is tied to counsel's absence or negligence, and the litigant should not be penalised for counsel's fault. Here, the appellants had not informed the Tribunal of their change of address and had not shown diligence, but the surrounding circumstances, including counsel's failure, justified relief in the interests of justice. The dismissal was therefore restored and the appeals were taken back for hearing. Case-Laws Central Excise Thu, 17 May 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=96015