trial court while passing the order for restoration, having
considered facts stated in the restoration application and rejoinder and
being satisfied with the cause shown ... impugned order as the application for
restoration was earlier dismissed for non prosecution.
We have perused the restoration application as well as petition filed
under
hyper technical approach in dismissing the restoration.
Further, he had clearly submitted in the restoration
application that he came to know about the ex parte ... filing the
application will start. There was no requirement of filing
a separate application for condonation of delay as the
restoration application itself
Thus, if an order has been passed dismissing an
application for default, the application for restoration thereof must be filed
only within a period ... Since the dismissal of the execution application
on 21.8.1979 was under inherent powers, the
application for its restoration will be by invoking
the inherent powers
Single No.7361 of 2001 for non prosecution and
rejected the application for restoration of the writ petition
on condonation of delay in filing ... High Court rejecting the
writ application for non-prosecution and subsequent order
rejecting the application for restoration, the appellants have
filed two Special Leave Petitions
dated 05.08.2003 and the orders passed on Restoration
Application No. 216574 of 2005 dated 02.11.2006. By the impugned
orders, the court has rejected the writ ... further, has declined to grant the relief sought in the Restoration
Application only on the ground that the reasons stated in the affidavit
accompanying
dismissed on 02.03.1972. Another Application
for Restoration, however, came to be filed. It is in
the said Restoration Application, a compromise was
entered into ... order
dated 20.09.1969 as also the dismissal of the first
restoration application dated 02.03.1972. If the said
sale is found to be valid, then obviously
whereby the High Court had rejected the application for
restoration filed by the landlord/appellant and thereby
denying to restore the Civil Misc. Main ... rejection of the restoration application, which is now
before us and in the event this application for restoration is
allowed and the Civil Misc
pairokar was put on the said application.
The learned trial Judge dismissed the said application for
restoration holding that the said pairokar had no authority ... application,
although, the same was signed by his lawyer.
The learned trial Judge, furthermore, held as under:
"...Even in the application for restoration given
application preferred by the appellant
in the year 1999 was treated to be an application for restoration of
the writ petition and the Division Bench ... appellant
preferred recalling and restoration application with an application
seeking condonation of delay in filing above recalling application,
which was dismissed by the High Court
were not
prosecuting the application for condonation of delay in filing
the application for restoration of the subject suit, respondent
No.1 was justified ... Harry would be permitted to move an application for
condonation of delay in filing an application for restoration of
the suit even
