Tribunal vide order dated 17.04.2017 allowed
the review application and simultaneously also dismissed the application for
restoration filed by the petitioner.
4. Mr. Nissar Ahmad ... view that the
Tribunal while allowing the application for review and simultaneously
dismissing the application for restoration has exceeded its jurisdiction thereby
denying the petitioner
impugned order the Tribunal
has declined to entertain the restoration application to set aside the
ex-parte Award dated 11th December ... pursue its restoration case
before the Tribunal on merits and therefore it was incumbent upon
the Tribunal to decide the said restoration application without
reference
challenge in the instant
appeal had been passed dismissing the said restoration application on the
premise that the same has been filed by a dead ... respondents.
4. Mr. Johal, states that the dismissal of the restoration application in
terms of the impugned order amounts to the dismissal of the main
passed in Misc. P.A. Case No. 1/2020 rejecting Restoration Application No. 4Ba of the petitioner as well as ex-parte eviction order dated ... petitioner.
By the impugned order the court below has rejected the restoration application Paper no. 4Ba filed by the petitioner for recalling the order dated
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
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
filing the restoration application is sufficiently explained.
The Delay Condonation Application is allowed and delay in filing the restoration application is hereby condoned.
Order ... Restoration Application No.3 of 2021
Heard learned counsel for parties and perused the record.
This is an application supported by an affidavit seeking recall
plea for condoning of delay in filing the restoration application has placed
reliance on the following decisions:
i. (2003) AIR SCW 969
G. Christhudas ... though still surviving is
not the petitioner/applicant in the restoration application. Order 9 Rule 4
contemplates a situation where a plaintiff may bring
petitioner of 220 days shall be condoned
in preferring restoration application in Special Civil Suit No. 301 of
2016. Notice is discharged.
Page ... open for the respondents to raise his objection
while deciding restoration application.
(B.N. KARIA, J)
BEENA
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prosecuting the suit. Accordingly, the Additional Sub-Divisional Officer, dismissed their restoration application vide order dated 11.08.2018. The plaintiff-petitioners assailed the order ... because it is not permissible for a Court, seized of a restoration application, to look at the past conduct of parties. All that
