Courts Must Not Deny Party's Statutory Remedies As A Matter Of Policy: Jammu & Kashmir High Court

The Jammu, Kashmir & Ladakh High Court upheld a trial court's order granting a recall application, emphasizing that statutory remedies must always remain available to litigants.

The case involved a dispute where the petitioner withdrew a suit based on an out-of-court settlement, which later failed. 

The respondent sought to revive the case, but the petitioner opposed it, arguing no liberty was granted during withdrawal. 

The High Court ruled that courts must not restrict legally available remedies and allowed the case restoration. Dismissing the petition, the court imposed a ₹10,000 cost on the petitioner.