Rajasthan High Court - Jodhpur
Ratan Lal vs Girdhar Lal on 6 November, 2008
Author: N P Gupta
Bench: N P Gupta
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
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CIVIL RESTORATION No. 05953 of 2008
RATAN LAL
V/S
GIRDHAR LAL
Ms. DEEPIKA VYAS for Mr. RANJEET JOSHI, for the
appellant / petitioner
Date of Order : 6.11.2008
HON'BLE SHRI N P GUPTA,J.
ORDER
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Heard learned counsel for the petitioner. The Registry has reported the restoration to be barred by 358 days.
In my view, the application filed under Section 5 of the Limitation Act does not disclose any sufficient ground for condoning the delay. The appeal was dismissed by the Dy. Registrar consequent upon the peremptory order, and as appears from the order-sheet that counsel was present on behalf of the petitioner. Thus, the dismissal of the appeal was very much known on 6.8.2007 itself.
Thus, the application under Section 5 of the Limitation Act is dismissed. Consequently, the restoration application is also dismissed as time barred.
( N P GUPTA ),J.
/tarun/