C.A. No. 001386 - 001387 / 2019

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When a restoration application before the High Court makes out sufficient cause for reinstatement of a dismissed appeal, courts must restore it in the interest of justice rather than allow a technical dismissal for non-prosecution to extinguish substantive rights — subject to imposition of costs. As analyzed on casestatus.in, a Second Appeal under Section 100 CPC must thereafter be examined on merits to determine whether it raises a substantial question of law.