2019 (11) TMI 1816

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....ation of the W.P. No. 18181/2019 which was dismissed in non compliance of peremptory order dated 03.09.2019. Learned counsel for the applicant further submits that due to inadvertent, default could not be cured within stipulated time as has been granted by this Court, as such the petition was dismissed in non compliance of the peremptory order. It is further submitted that he has paid process fee....

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....aside both the orders of dismissal on ground that a party who, as per the present adversary legal system, has selected his advocate, briefed him and paid him fee can remain supremely confident that his lawyer will look after his interest and such a innocent party who has done everything in his power and expected of him, should not suffer for the inaction, deliberate omission or misdemeanor of his ....

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....setting aside the ex parte decree, the court should have kept in mind the judgment impugned, the extent of the property involved and the stake of the parties. We are of the opinion that the inconvenience caused to the respondent for the delay on account of the appellant being absent from the court in this case can be compensated by awarding appropriate and exemplary costs. In the interests of just....