Kinnar Hasmukhbhai Shah vs Shankarbhai Dharmaji Damor on 28 September, 2021
"As far as the decisions relied upon by Mr. Dave the same are
not applicable to the facts of the present case since in the
reference, the case of the employees was being represented
by Union leader and he informed the employees to remain
present only when called for. They were never aware about
dismissal of the reference and where never informed that the
reference was dismissed for want of prosecution. The
Coordinate Bench of this Court in case of Rajesh Pukhraj
Chauhan v. Sinter Plast Containers and another has held that
it is trite that a litigant is permitted to litigate for his rights by
having a decision from the Court of law on merits, rather than
he is ousted on technical ground. A liberal approach is not out
of place."