DHARMAVEER SINGH (since deceased) v. MONA RAM (since deceased)
2010-07-26
PRAFULLA C.PANT
body2010
DigiLaw.ai
JUDGMENT Hon’ble Prafulla C. Pant, J. This is Application No. 3264 of 2010 for condonation of delay in moving the Restoration Application no. 306 of 2010, filed for restoration of Second Appeal No. 346 of 2001 (old no. 1344 of 1980) which was dismissed in default of the appellants on 04.11.2009. 2. Heard. 3. Earlier also this appeal was dismissed on 17.02.2006. However, on application of the appellants the appeal was restored vide order dated 26.11.2008. Again the appeal was dismissed in default of the appellants on 17.03.2009. Once again the Restoration Application was moved and appeal was restored vide order dated 30th of July 2009. Lastly, the appeal was dismissed for non prosecution on 04.11.2009. 4. The present restoration application with delay condonation application has been moved on 04.05.2010, i.e. after about six months of the dismissal order passed for third time in the appeal. Perusal of the ordersheet shows that meanwhile respondents filed review application in which the appellants put in their appearance and the review application was dismissed on 04.03.2010. There is no explanation as to why the appellants who were opposing the review application could not file Restoration Application for restoration of the appeal. 5. In the above circumstances, the delay condonation application 3264 of 2010 is rejected as there is no sufficient reason explaining the delay in filing the restoration application. The application is accordingly rejected. Restoration application is also rejected as barred by time.