Court allows restoration of dismissed appeal citing procedural lapse, encourages community service as a gesture of social responsibility.
In a significant judgment, the Madhya Pradesh High Court has restored a writ appeal that was dismissed earlier due to a procedural lapse. The Division Bench, comprising Justices Anand Pathak and B.P. Sharma, heard the Miscellaneous Civil Case No. 1820 of 2026, where petitioner P.S. Mandeliya sought the restoration of Writ Appeal No. 23604/2024. The appeal had been dismissed due to a peremptory order issued on July 18, 2025, by a coordinate bench.
The court acknowledged the genuine and bona fide reasons presented by the petitioner’s counsel, Shri Vijay Kumar Shukla, for the procedural oversight. The bench emphasized that litigants should not suffer irreparable harm due to their counsel's errors, referencing landmark cases such as M.K. Prasad Vs. P. Arumugam and Dindayal Bansal Vs. Gwalior Nagar Tatha Gram Vikas Pradhikaran to support this stance.
In an innovative move, instead of imposing a monetary penalty, the court suggested a more socially beneficial form of recompense. The counsel for the applicant was advised to visit an old age home in Tilwara Ghat, Jabalpur, with food items worth Rs. 2,000 and spend time with the residents. This suggestion, aimed at fostering social responsibility, was graciously accepted by the counsel.
The court's order also touched upon the broader concept of 'Social Audit,' encouraging responsible members of society, including professionals and government officials, to engage with marginalized communities. Such interactions are intended to improve the living conditions of these communities and ensure the accountability of institutions managing them. The court called upon policymakers, particularly from the Departments of Women and Child Welfare Development and Social Justice, to develop tangible solutions for implementing Social Audits.
The petitioner’s counsel is expected to submit a report on their visit to the old age home within fifteen days, detailing their experiences and any suggestions for improvement. Upon submission of this report, the writ appeal will be restored to its original number.
This judgment not only addresses the procedural aspect of the dismissed appeal but also sets a precedent for integrating social responsibility within the legal process, highlighting the judiciary's role in promoting societal welfare.
Bottom line:-
Restoration of Writ Appeal dismissed due to procedural lapse - Court allows restoration considering genuine and bona fide reasons, emphasizing that litigants should not suffer due to counsel's fault. Suggests voluntary community service at an old age home for applicant's counsel as a gesture of social responsibility.
Statutory provision(s): Civil Procedure, Social Responsibility, Social Audit
