There was delay of 44 days occurred in filing the
restoration application before the learned Principle Senior Civil
Judge, Viramgam, and therefore, condonation of delay ... passed in
Civil Misc. Application No. 12 of 2014 in restoration
application of Special Civil Suit No.552 of 2008.
6. Learned advocate
Judge, Viramgam in Civil Misc. Application No.13 of 2014
in Restoration application in Special Civil Suit No.553 of 2008
and Heard the Case ... filed restoration application
being Civil Misc. Application No.13 of 2014 with delay of 44 days,
however, even in pending the restoration application, petitioners sought
SPECIAL CIVIL APPLICATION NO. 12470 of 2019
With
CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2021
In R/SPECIAL CIVIL APPLICATION ... Misc. Application No.14 of
2014 was filed. The learned Principal Senior Civil Judge, Viramgam
rejected the condonation of delay application filed in restoration
application
SPECIAL CIVIL APPLICATION NO. 9842 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9843 of 2019
With
MISC. CIVIL APPLICATION (FOR RESTORATION ... SPECIAL CIVIL APPLICATION NO. 9843 of 2019
With
R/SPECIAL CIVIL APPLICATION NO. 9844 of 2019
With
MISC. CIVIL APPLICATION (FOR RESTORATION
restoration application. The Trial Court, vide its
judgment and order dated 09.05.2018, allowed the
delay application of the respondent/plaintiff in filing
restoration application ... application under Section 5 of the
Limitation Act with a request to condone the delay of 1025
days for preferring application for restoration
passed below
delay application ie., Civil Misc. Application No. 1 of 2012 and
order dated 20.04.2009 passed below application Exh. 1 by
the learned Additional ... 17th September
2009, the petitioner preferred one application for restoration
of the suit being restoration application no. 78 of 2009 before
the trial Court. That
jurisdiction."
2. The appellant herein - original plaintiff had thereafter filed
Restoration Application before the Court below. The Court below
vide order dated 15.10.2019, dismissed ... Restoration Application,
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C/AO/294/2019 ORDER DATED: 03/12/2021
passed below
delay application ie., Civil Misc. Application No. 1 of 2012 and
order dated 20.04.2009 passed below application Exh. 1 by
the learned Additional ... 17th September
2009, the petitioner preferred one application for restoration
of the suit being restoration application no. 78 of 2009 before
the trial Court. That
caused in filing the said
restoration application, the applicant filed
application, Exh.1 therein being Civil Misc.
Application No.17/2018 for condonation of delay ... restoration being Civil Misc. Application
No.17/2018 is condoned. Therefore, the concerned
trial court shall decide the application for
restoration being Civil Misc. Application
petitioner - plaintiff came to be dismissed for default and
restoration application therein, also came to be rejected by the
order dated 28.02.2020. It is submitted ... suit for default as well as
the restoration application therein, though delay condonation
application in restoration application was allowed. Accordingly, it
is urged that interference
