The High Court of Madhya Pradesh (Indore Bench) on September 15, 2025, quashed an order by the Trial Court which rejected the petitioner’s application based on absence of plaintiff and counsel, without hearing the case on merit. Justice Alok Awasthi quashed the order stating that administrative lapses cannot prejudice litigants’ rights.
The petitioner had challenged the order passed by the Trial Court on 21.04.2025 which dismissed his application because of his and his counsel’s absence and lack of arrangement of files. The petitioner contended that his application was not rejected due to merits but for mechanical reasons.
The Court held the Trial Court’s order illegal as it was a non-speaking order, one being passed with no reasons given , noting that file management is the staff’s duty under the Judge’s control. Accordingly, it quashed the order and directed the Trial Court to decide all pending applications on merits within sixty days, with copies sent to the Principal District Judge for compliance.
Appearances:
For the Petitioner – Adv. Utkarsh Joshi
For the Respondent – Adv. Mradula Sen ( for the State)
