Court directs plaintiffs to plant 25 saplings for restoration of suit dismissed in default
Jaipur, January 15, 2026 - In a unique judgment, the Rajasthan High Court, Jaipur Bench, has restored a civil suit filed by Smt. Rashidan against Smt. Noorjahan and others, which had been dismissed by a lower court. The restoration comes with an environmental twist, as the court directed the plaintiffs to plant 25 saplings as part of the conditions for restoration.
The judgment was delivered by Justice Anoop Kumar Dhand in response to an appeal against the order of the Additional District Judge No.4 Jaipur Metropolitan, which had dismissed the plaintiffs' application for restoration of their suit due to a default in appearance and delay in filing the restoration application.
The civil suit, originally filed in 1989, involved issues of eviction and mesne profits. It was dismissed in default on October 25, 2010, due to the plaintiffs' absence, which they attributed to an inadvertent error in recording the court date. The plaintiffs subsequently filed an application under Order 9, Rule 9 of the Civil Procedure Code, 1908, along with an application under Section 5 of the Limitation Act, 1963, seeking condonation of the delay.
Justice Dhand, upon reviewing the case, found that the delay was neither fatal nor prolonged and had been satisfactorily explained by the plaintiffs. Emphasizing the importance of deciding the substantive legal issues on merits, the court quashed the trial court's dismissal order and restored the suit.
In a remarkable move aimed at promoting environmental responsibility, the court imposed a condition that the plaintiffs must plant 25 saplings in a public vicinity and provide photographic proof and an undertaking to care for the plants until maturity or until the suit's final disposal. This initiative underscores the court's commitment to public welfare and environmental sustainability.
The court also directed the trial court to expedite the proceedings without unnecessary adjournments, considering that the suit has been pending for over 37 years.
The plaintiffs are required to comply with the court's conditions by February 16, 2026, including paying Rs. 10,000 to the defendants. Failure to do so would result in the trial court reporting back to the High Court.
This judgment not only addresses the procedural aspects of the long-pending suit but also sets a precedent for integrating environmental considerations into judicial remedies.
Bottom Line:
Application for restoration of suit dismissed in default and condonation of delay - Slight delay satisfactorily explained - Suit restored subject to conditions, including payment of costs and planting of trees.
Statutory provision(s): Civil Procedure Code, 1908 - Order 9, Rule 9; Limitation Act, 1963 - Section 5
Smt. Rashidan v. Smt. Noorjahan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2840019
