filed and the restoration application itself was not maintainable. It is further submitted that only two of the defendants filed restoration application, and therefore ... provide for abatement of the restoration application or of an appeal or revision arising out of a restoration application which means that the appeal
application stating that as no substitution application was moved within three months, the restoration application of Smt. Lilawati be dismissed as having abated. The application ... petitioner sought abatement of restoration application by means of application-dated 6.6.1989. The purpose of moving substitution application is to allow suit or proceeding
Misc. Application of the deceased-plaintiff and whether the Appellate Court was in error regarding the observations of abatement of the Application for restoration ... were not brought on record in the Misc. Application for restoration, the Misc. Application stood abated after the expiry of 90 days, and the restoration
time, the
Revenue Tribunal dismissed the Revision
Application as having abated, and the Restoration
Application came to be rejected.
5.1 It could be immediately noticed ... Revisional Proceedings before the Tribunal as
having entirely abated and in not allowing
restoration application, the judgment of learned
single Judge is fraught with
restoration application was filed by respondent No. 6, which was allowed by the trial court. The law upon the point that a restoration application does ... provide for abatement of the restoration application or of an appeal or revision arising out of a restoration application which means that the appeal
Civil Misc. (Restoration) Application No. 42282 of 2006
2. Civil (Substitution) Application No. 93025 of 2006
3. Civil Misc. (Delay Condonation) Application ... Appeal stands dismissed as having abated.
60. The aforementioned Restoration Application, namely, Civil Misc. (Restoration) Application No. 42282 of 2006 has been filed, inter alia, praying
application under Order IX Rule 13, C.P.C . has abated. After hearing the parties, the trial court dismissed the substitution application as abated ... intended for application to suits, and appeals and therefore, opposite parties erred in law in dismissing the restoration application as having abated. The learned counsel
Consequently, the restoration application could not be filed within the period prescribed under the law. The same was filed along with an application under Section ... application. The abatement takes place automatically. No prayer for setting aside abatement was made either in this application or in the application for restoration. Thus
dealt with.
Undoubtedly, the suit presented along with an
application under Section 92 and an application for
injunction was registered as Miscellaneous Case No.
1245 ... case, the second appeal pending
adjudication was dismissed being abated. A restoration
application along with setting aside abatement application
as well as substitution application
respondents herein,
on 9th April, 2010, filed application for setting aside of the abatement and for
restoration of the appeal along with an application under ... application under Section 5 of the Limitation Act for
condonation of delay in filing the application for setting aside of the
abatement and for restoration
