2024 (11) TMI 1408

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.... High Court allowed the Civil Revision Application filed by the original defendant/counter claimant and thereby quashed and set aside the order passed by the District Judge, Shimla condoning the delay of more than 534 days in filing the appeal by the petitioners herein (original plaintiffs). 2. Special Leave Petition (Civil) No. 936 of 2021 arises from the order passed by the High Court in Review Petition No. 5 of 2020 dated 10.07.2020 by which the High Court rejected the review application. 3. It appears from the materials on record that the petitioners herein (original plaintiffs) filed a civil suit against the respondent (defendant). The respondent herein had filed counter claim in the said suit. The civil suit came to be dismissed....

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....aled and not stated in the application for restoration. In fact the entire blame has been put on the earlier counsel that had been representing them. x x x x 22. Since the respondents had not approached the Court with clean hands and have rather suppressed. the material facts, that too, deliberately and intentionally regarding knowledge of pendency of the counter-claim at least on 22.03.2012 and thereby tried to gain an unfair advantage from the Court, that too, by casting serious allegations on the previous counsel(s), no indulgence much less discretion could have been exercised in favour of the respondents/plaintiffs, that too, for condoning the delay of more than 534 days." 10. It appears that the entire blame has been thr....

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.... and seek relief. No such absolute immunity can be recognized. Such an absolute rule would make the working of the system extremely difficult. The observations made in Rafiq [AIR 1981 SC 1400] must not be understood as an absolute proposition. As we have mentioned hereinabove, this was an on-going suit posted for final hearing after a lapse of seven years of its institution. It was not a second appeal filed by a villager residing away from the city, where the court is located. The defendant is also not a rustic ignorant villager but a private limited company with its head once at Calcutta itself and managed by educated businessmen who know where their interest lies. It is evident that when their applications were not deposed of before takin....