2017]
preferring the application for restoration in
the restoration application but in the
application he did not provide any sufficient
reason for not appearing before ... filing of the application for condonation of
delay when the applicant has sufficiently
explained the reasons in the application for
restoration of the suit
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
also died with the
passage of time in between.
3.3. The restoration application came to be filed by the
legal heirs of the original plaintiffs ... application, but due to the reasons set
out in the impugned application, a delay of more than seven
years accrued in filing the restoration application
application for restoration on 26.10.2020, wherein there
was delay of 6 years, 1 month and 18 days in filing such
restoration application.
Page ... failed in its duty to
condone the delay in filing restoration application by plaintiff,
thereby caused injustice to plaintiff which is a public
institution
Judge,
Mahuva, rejecting the application for condonation of delay being Misc.
Civil Application No. 6 of 2018 preferred in restoration application by
passing appropriate writ ... restoration
application, a delay application No. 6 of 2018 came to be
filed.
3.4 It is require to be observed that in delay application
restoration application.
4.2 Learned senior counsel would further submit that when
application for condonation of delay is filed along with
restoration application, the Court ... preferred an application
for restoration, but delay of 823 days has been caused in
preferring the restoration application, hence the petitioner
preferred application
into delay of around 1074 days in filing restoration
applications. The delay in filing restoration application is not
Page 10 of 19
Uploaded by SALIM ... including restoration (in
case on hand). When the Court reached to its conclusion,
having not found any sufficient cause in not filing restoration
application
District and Sessions Judge, Court No. 3, Muzaffar Nagar rejecting the restoration application moved by him under Order 9 Rule 13 read with ... defendant/appellant came to know this fact, he moved a restoration application dated 12.09.2011, being Misc. Case No.17 of 2011, under Order IX Rule
published on 27.08.2020, and dismissal of the restoration application vide order impugned dated 03.02.2024 (Annexure-1A).
3. Learned counsel for respondent no.4 has refused ... parte Award and its publication, the petitioner has filed the restoration application dated 13.09.2023 against the ex parte orders dated
revised.
None appears to press this application.
Accordingly, this application is rejected for want of prosecution.
Criminal Misc. Restoration Application No. 127836 of 2010.
Since ... averments made in the amendment application, the amendment application filed in Crl. Misc. Recall/Restoration Application No. 428513 of 2015 is hereby allowed.
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