Unjustified to Dismiss an Appeal for Delay When Identical Challenge in Another Appeal Was Heard on Merits: Allahabad High Court

The case arose when M/s Jay Chemical Works filed an appeal before the Allahabad High Court challenging an order passed by the Commercial Court, Kanpur Nagar, in Commercial Suit No. 3 of 2020. The Commercial Court had directed the return of the plaint to the plaintiff by invoking powers under Order VII Rule 10 of the Code of Civil Procedure, 1908, stating lack of jurisdiction. The appeal was delayed by…