Scope of inherent powers to rectify unjust dismissal for non-appearance

demonstrates that higher judicial authorities maintain adequate jurisdiction to correct procedural anomalies that foreclose substantive trials. Where an subordinate court passes an order dismissing a complaint under Section 138 of the Negotiable Instruments Act for default of appearance, such termination can have devastating financial and legal ramifications for the complainant whose statutory limitation period has long expired. If the High Court mechanically affirms such orders in revision without giving due weight to the surrounding circumstances, it causes severe prejudice to the complainant. In such situations, the Supreme Court, upon examining the materials on record, exercises its appellate authority to vacate both the High Court's refusal and the trial court's dismissal, thereby reviving the proceedings directly at the stage where the default occurred. (Yatendra Singh Vs State of U.P. & Another | 2026 INSC 109)