#Restoration of Appeal

The Punjab & Haryana High Court has ruled that coercive arrest warrants in civil execution proceedings cannot issue while a restoration application under Order XLVII Rule 1 CPC is pending, affirming that natural justice requires adjudication of curative remedies before enforcement. This protects debtors from premature punitive action while their right to appeal is being reconsidered.

The Punjab & Haryana High Court has ruled that executing a decree during the pendency of a restoration application under Order 41 Rule 5 CPC defeats the statutory right to appeal, rendering the restoration infructuous. This protects judgment debtors from irreversible loss of property rights while their appellate remedy remains pending, reinforcing procedural fairness in civil execution.

Madhya Pradesh High Court restores appeal dismissed due to counsel's inadvertent default, mandating community service and social audit to promote institutional accountability.