Restoration of Writ Petition Dismissed for Want of Prosecution Allowed upon Showing Sufficient Cause

The applicants, consisting of 70 Assistant Veterinary Field Officers and related staff, filed a Miscellaneous Civil Case (MCC) seeking the restoration of their original writ petition, WPS No. 671 of 2019.

The original petition had been dismissed for want of prosecution by the High Court of Chhattisgarh on March 27, 2026

Additionally, the applicants moved an interlocutory application (I.A. No. 1) seeking exemption from filing a fresh Vakalatnama for the restoration proceedings

1. Whether the applicants showed sufficient cause to allow the exemption from filing a Vakalatnama

2. Whether the original writ petition (WPS No. 671 of 2019) should be restored to its original number for hearing on merits

The court exercised its inherent procedural powers under the Code of Civil Procedure, 1908 (specifically the principles underlying Order IX Rule 9 and Order XLI Rule 19 regarding restoration of dismissed matters) and the High Court Rules.

The court focused on the principle of "due consideration" of reasons provided for non-appearance, ensuring that substantive justice is not defeated by procedural defaults in prosecution

The Court evaluated the justifications provided in the restoration application (MCC) for the failure of the applicants to prosecute the case on the previous hearing date. Upon "due consideration" of the reasons mentioned in the application, the Court found sufficient grounds to excuse the prior non-appearance

Similarly, the Court accepted the reasons provided in I.A. No. 1 regarding the exemption from filing a power of attorney (Vakalatnama), determining that the procedural requirement could be waived under the circumstances to facilitate the restoration of the principal matter

The Court directed that WPS No. 671 of 2019 be restored to its original number for further hearing and disposal in accordance with the law

I.A. No. 1 was specifically allowed, granting the exemption from filing a Vakalatnama