trial court while passing the order for restoration, having
considered facts stated in the restoration application and rejoinder and
being satisfied with the cause shown ... impugned order as the application for
restoration was earlier dismissed for non prosecution.
We have perused the restoration application as well as petition filed
under
with an application
filed for condoning the delay in filing the restoration application.
W. P. No.15627/10 was dismissed in default.
Keeping in view ... both the applications are allowed.
Condoning the delay in filing the restoration application, the
restoration application itself is allowed. W. P. No.15627
limitation for an application for restoratioa of a proceeding initiated on an application under Order 9 when such application is dismissed for default, Mr. Bhattacharya ... made for restoration of the said application, the period of limitation for making such application for restoration is governed by Art. 137 of the Limitation
proceedings?.
(ii) Can the husband be allowed to withdraw his application for restoration under O. 9, R. 4 of the Code of Civil Procedure ... some controversy about this application. However, admittedly, the husband himself presented an application on the 4th December 1985 for restoration of his dismissed petition
30th November 1959 the petitioner made an application for setting aside the dismissal of his application for restoration. This application was rejected by the trial ... question whether an application to set aside the dismissal of an application for restoration of a suit dismissed for default could be regarded
ceased to have effect and the date of publication of the application for restoration of the patent under this Chapter.
(2) No suit or other ... have effect and the date of the publication of the application for restoration of the patent
filing application.
The said application was dismissed for default on 21 st
December, 1961. After such dismissal, an application for
restoration of application which ... similar
but fresh application The fresh application was
filed on the 4th of January, 1962, whereas the
application for restoration was filed on the
12th
Industrial Tribunal has passed order dated 21.7.2014, while
disposing of the restoration application, set aside the exparte award dated
28.1.2014 subject to payment of cost ... exparte award dated 28.1.2014.
Application filed in this regard is dated 10.4.2014. Thus the application for
restoration having been filed after delay of about
application is required and the delay can be condoned on
the basis of averments in the application for the restoration
of the suit, the separate ... said
that the order of restoration has been passed
without condoning the delay in filing the
restoration application. The submission of the
learned counsel appearing
application was made on 30-11-1959,
On 26-12-1959 the plaintiff non-applicant filed an application for restoration to file of his application ... then become intelligible because, as the application for setting aside the dismissal in default of the application for restoration of the suit was itself under