IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.26-27 OF 2009 (Arising out of S.L.P. (C) Nos.13298-13299 of 2007)

Raj Kumar Jain & Anr.        ...Appellant(s)

Versus

Indra Prastha Builders Pvt. Ltd.       ...Respondent(s)

O  R  D  E  R

Leave granted.

By an order dated 18th August, 2006, the High Court dismissed for non-

prosecution, the first appeal preferred by the appellants against the judgment and

decree  dated  22nd August,  1988  passed  by  the  District  Judge,  Dehradun  in  O.S.

No.50/1986.  The application for restoration of the appeal was dismissed by the High

Court on 16th April, 2007 without adverting to the fact that absence of the counsel for

the appellants was on account non-marking of the case in his cause list.  The petition

filed for review of that order was dismissed on 15th June, 2007.

Having heard learned counsel for the parties and perused the records, we

are convinced that the impugned orders are liable to be set aside.  In our view, the

High  Court  should  have,  by  taking  cognizance  of  the  averments  contained in  the

affidavit  filed  in  support  of  the  restoration  application,  restored  the  appeal  by

imposing heavy costs on the appellants.

...2/-

- 2 -  

Accordingly, the appeals are allowed, impugned orders are set aside and

First Appeal No.79 of 2001 is restored to the file  of the High Court subject to the

condition of the appellants’ paying rupees fifty thousand as costs to the respondents

within eight weeks.

As the appeal was filed before the Allahabad High Court in  the year  1988

and  the same  has  remained pending

before Uttarakhand High Court for last more than twenty years,

it would be in the interest of the justice that the same is disposed of at an early date.

Accordingly, the High Court is requested to dispose of the appeal as expeditiously as

possible.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, January 07, 2009.