#Default Dismissal

The Andhra Pradesh High Court held that a separate application under Section 5 of the Limitation Act is unnecessary if the affidavit filed with a restoration petition adequately explains the delay. This ruling prioritizes substantive justice over procedural technicalities, impacting execution proceedings under Order XXI Rule 58 CPC.

The Bombay High Court ruled that a prolonged vacancy in the DRAT Chairperson’s office cannot be used to nullify interim protection granted to compliant appellants who have fully discharged pre-deposit obligations. This upholds the principle that procedural delays caused by administrative failure must not prejudice parties acting in good faith, reinforcing natural justice in debt recovery appeals.

Madras High Court rules that appellate courts cannot dismiss criminal appeals for default without reviewing trial records or appointing amicus curiae, especially in cases involving personal liberty. The judgment reinforces the duty of appellate courts to adjudicate on merits, aligning with Supreme Court precedents on natural justice and fair hearing.