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. 1His counsel explained that she could not appear when the matter was called because she was engaged before another court.
Source reference: para. 2The applicant maintained that the absence was unintentional and that he had continued to pursue the writ petition.
Source reference: para. 3Issues
Whether the applicant showed sufficient cause to restore WPS No. 6234 of 2026, dismissed for want of prosecution.
Source reference: para. 1–5Law 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. 5–7It treated bona fide and inadvertent absence, supported by the explanation provided, as sufficient cause.
Source reference: para. 5–7The order does not cite a statute or precedent.
Source reference: para. 5–7Reasoning
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. 2–5It found the absence bona fide and inadvertent and held that sufficient cause had been shown for restoration.
Source reference: para. 2–5Holding
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. 6–8Original Court PDF
TARENDRA KUMAR SAHUvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
