Chhattisgarh High Court
Civil Procedure and EvidenceAdministrative and Public Law

Bona fide counsel absence constitutes sufficient cause to restore a dismissed writ petition, subject to costs.

TARENDRA KUMAR SAHU vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: October 05, 20261 MIN READSOURCE JUDGMENT
Bona fide counsel absence constitutes sufficient cause to restore a dismissed writ petition, subject to costs.. TARENDRA KUMAR SAHU vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant sought restoration of WPS No. 6234 of 2026, which had been dismissed for want of prosecution on 19 August 2026.

Source reference: para. 1

His counsel explained that she could not appear when the matter was called because she was engaged before another court.

Source reference: para. 2

The applicant maintained that the absence was unintentional and that he had continued to pursue the writ petition.

Source reference: para. 3
02

Issues

Whether the applicant showed sufficient cause to restore WPS No. 6234 of 2026, dismissed for want of prosecution.

Source reference: para. 1–5
03

Law Applied

The Court applied the principle that a proceeding dismissed for want of prosecution may be restored where sufficient cause for the non-appearance is established.

Source reference: para. 5–7

It treated bona fide and inadvertent absence, supported by the explanation provided, as sufficient cause.

Source reference: para. 5–7

The order does not cite a statute or precedent.

Source reference: para. 5–7
04

Reasoning

The Court considered counsel’s explanation that she was engaged in another matter when the writ petition was called, along with the applicant’s assertion that he had diligently pursued the case and did not intend to abandon it.

Source reference: para. 2–5

It found the absence bona fide and inadvertent and held that sufficient cause had been shown for restoration.

Source reference: para. 2–5
05

Holding

The Court allowed the MCC, subject to the applicant paying costs of Rs. 2,000 to the Chhattisgarh High Court Bar Association Library Fund.

Upon payment, the dismissal order dated 19 August 2026 would stand recalled and WPS No. 6234 of 2026 would be restored to its original number.

Source reference: para. 6–8
Chhattisgarh High Court

Original Court PDF

TARENDRA KUMAR SAHUvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · October 05, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment