1998 dated 10/3/2005, and the order
rejecting restoration application being Misc. Application No. 112 of
2005 passed on 11/1/2007 ... Restoration Application on sole ground of non availability of
justifiable cause alone has been made basis for rejecting the
application for restoration without adverting
therefore, question involved for determination in the present
application is, whether the application for restoration can be filed
after 30 days from the date ... discretion or
jurisdiction to entertain the application and, therefore,
application for condonation of delay as well as restoration of the
claim petition stands dismissed
filed application on 13th
November, 2003 for the restoration of the revision petition. The said restoration application was on board of this Court till 21st ... should have granted the application.
30. No doubt, the petitioners/plaintiffs have mentioned in the application that application for restoration is in terms of Order
file any application for restoration within the time prescribed under the law. Long thereafter a restoration application 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
passed by the learned
Principal Civil Judge, Gandevi dismissing Misc. Civil
(Restoration) Application No.6 of 2009 whereby the
application preferred by the appellant under ... preferred an
application to condone delay of 40 days in filing an
application under Order 9 Rule 13 of CPC . Thereafter,
the application preferred
recall application filed by respondent Nos. 4 to 6 pleading inter alia that the said application is not maintainable as there was no application filed ... circumstances an appeal or an application is filed in court, but without a formal application or a written application for excusing the delay
aggrieved with the order dated 10.10.2011 passed by Consolidation Officer, whereby restoration application dated 24.03.2000 moved on behalf of petitioner assailing the order dated ... dated 28.02.1996 (Annexure No.2). At belated stage, petitioner has filed restoration application dated 24.03.2000 (Annexure no.3) supported by affidavit along with an application
Restoration Application by holding that the petitioners have
not filed any mutation application on the basis of the Will
dated 20.09.2000 and the Restoration Application ... Restoration Application is decided, separate mutation
application could not have been filed. He submits that it is
settled principle of law that restoration application could
Civil
Application no. 27 of 2012 and further be pleased to pass an order of
allowing a delay condoning application for the restoration ... February, 2000.
4.2. The plaintiff appears to have filed restoration application,
being CMA No. 32 of 2000, under Order 9, Rule 9 of the Code
plaintiff, upon learning of this fact, appears to have filed a
restoration application along with a delay application on 8.6.2023,
being Civil Miscellaneous Application ... plaintiff in his application seeking condonation of
delay in filing his restoration application.
4.5. In view of the aforesaid observations and the satisfaction
recorded
