Courts Should Examine Conducts Of Parties "All Through" While Deciding Condonation/ Restoration Applications: Manipur High Court
Live LawThe Manipur High Court has held that Courts should examine conducts of parties "all through" to ascertain whether their non-appearance was a singular stray instance or a chronic phenomenon. While denying relief to the petitioners, a Single Judge Bench of Chief Justice Sanjay Kumar observed, "…this Court would be justified in examining the conduct of the party all through to ascertain whether 'the failure to appear' was a chronic phenomenon and not a stray instance. Thus, no steps having been taken by the petitioners to show 'sufficient cause' for the delay, no grounds were made out for interference with the order of the Trial Court dismissing the delay condonation application. In such circumstances, it is not open to them to casually blame their Advocate and seek restoration of a suit of the year 2006 which has not progressed even a step further, i.e., to the stage of trial… In the interest of justice and in the interest of the defendants, who are made to put up with the vagaries of the uncaring and casual pursuit of this litigation since over a decade and a half, this Court finds no grounds whatsoever to show further indulgence to the petitioners."