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
suit, and which did not survive any more as the
restoration application of the brother, Sh. Krishan Gopal Atree, under
RFA No.116/2019 Page ... Krishan Gopal Atree,
which was dismissed in default and the restoration application filed by
Sh. Krishan Gopal Atree was also dismissed in default
Petition has already been dismissed in default
and it was the restoration application, which has also been moved after
inordinate delay, accompanied with application seeking ... status of the restoration application as well the application seeking
condonation of delay. (which were filed for restoration of the Writ Petition)
11. There
down in para 7 as follows :-
"We have perused the restoration application as well as petition
filed under Section 5 of the Limitation ... 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
restoration application dt. 19-7-1982 was rejected. The present application in that sense is a second restoration application which has been filed after ... restoration application.
3. In the present application no prayer has been made for recalling the order passed by the Bench rejecting the first restoration application
default of appearance, whether or not a further application for restoring the previous application for restoration would be maintainable under the law and (2) whether ... application for restoration which had been dismissed on 17th January, 1968. The ground on which restoration was sought in the second application was that
condonation of delay in filing the restoration application was
rejected. Consequently, the application for restoration was also
dismissed.
8. There is no doubt ... condonation of
delay in filing the restoration application and accordingly dismissing
the application for restoration. Judgments relied by the appellant are
based on facts, hence
DHARI SINGH, J (Oral)
CM APPL. 20675/2019 (Delay in filing restoration application)
1. The instant application under Section 5 of Limitation Act, 1963 read ... April,
2019, thereby, seeking restoration of the same, however, there was a delay
of 1277 days in filing the restoration application.
6. It is submitted
dated 27.09.2019, the Petitioner applied for
Restoration of its Appeal (hereinafter referred to as "the Restoration
Application"). In paragraph 4 of the Restoration ... address, as set forth above, is the Second Address.
2.11 The Restoration Application was taken up for hearing by the
CESTAT
recollect about the application.
(vii) In June, 2017 the Courts were closed and immediately on re-
opening the application seeking restoration of the review application ... filing the
application for restoration of the review petition. The prayer for
condonation of delay in filing the restoration application is declined
