Thus, finally the trial Court dismissed the application
for condonation of delay as well as application for restoration vide
order dated 13.08.2008.
4.8. Respondent-applicants ... question is not about the maintainability of
application but relevant consideration is that the application for
restoration may not be treated as bonafide and fair
considering the application filed for restoration in the
year 1987 within the period of 12 years as the restoration
application is required to be filed ... taking the plea about
non-maintainability of the restoration application since the application
for restoration has been filed beyond the period of limitation as
provided
once again, the
application was taken up in the revised call, since none represented
the revisionist, hence the application for Restoration was also
dismissed ... view of the Restoration of the
physical hearing proceedings by the Court, and hence, he has prayed
that the Restoration Application deserves to be rejected
declared the petitioner as sirdar of the plot in dispute. A restoration application without any prayer for condonation of delay has been filed by lekhpal ... divisional officer vide his order dated 12.10.1977 allowed the restoration application setting aside the order dated 19.04.1977 and sent the record before Tehsildar for necessary
fresh restoration application
No.206/2019 has been filed seeking restoration of their restoration
application No.423/2018 which was dismissed due to non
appearance ... aside by
recalling the same to restore the original restoration, restoration
application has been filed within time on 28.05.2019. There is no
specific provision under
Versus
The Sub Divisional Officer & Ors.
----Respondents
S.B. Civil Restoration Application No. 89/2020
In
S.B. Civil Misc. Appeal No.582/1997 ... JUSTICE SUDESH BANSAL
Order
19/10/2022
In S.B. Civil Restoration Application No. 89/2020:-
1. The instant restoration application under Order 41 Rule
pressed on merits. The applicant-petitioner claimed that
a restoration application was filed in the year 2016, however, there is
nothing on record to substantiate ... After this, in the year 2019 the applicant-petitioner filed a restoration
application, for restoration of the order dated 22nd April 2015 and to decide
restoration application supported by application under Section 5 of the Limitation Act was filed on 27.09.2021, the revisional court has dismissed the restoration application ... filing the restoration application but the revisional court has rejected the application on the ground of limitation.
7. Since the restoration application was filed
misconception that the restoration application is for the restoration of the rejected restoration, the restoration application was rejected by S.D.O. on 25.6.1996. Later ... misconception that even after the rejection of a restoration application, an application for restoration of the original suit is being moved whereas only one restoration
dated 31.01.2018 passed by the Up Ziladhikari (respondent no. 2) in restoration application moved on behalf of the petitioners, on the ground that ... parte. Feeling aggrieved against the judgment dated 02.11.2016, petitioner has filed restoration application dated 31.01.2018. Aforesaid restoration application was allowed vide order dated 19.12.2019. Having
