said miscellaneous
application or alongwith the said application the petitioner
filed any other application (e.g. substantive restoration
application or substantive execution petition). Even ... that the said application in itself is not
substantive "restoration application" (i.e. application seeking
restoration of execution petition
matter of the execution case, and an application for
restoration of the execution case setting aside the order of
dismissal, the Subordinate Judge, finding that ... execution
application after the dismissal of the application for
adjournment:
Held, (i) that the order of the Subordinate Judge dismissing
the execution case without giving
opposed the said restoration application as beyond limitation. The trial Court rejected the appellant's contention and allowed the restoration application. The appellant filed ... restoration of Execution Case is 30 days from the date when the Execution Case is dismissed for default. Admittedly the second Execution Case was filed
dated 16/03/2022
dismissing the application to treat Special Darkhast No.130/2017 as
an application for restoration of Special Darkhast No.135/2005 ... considering the question of delay in filing an application for
restoration of execution application on the ground that it was not
filed within 30 days
that the delay of about 112 days in filing the application
for restoration of execution petition, be condoned. Vide judgment
dated 2nd August, 2011 both ... days, Court has no power to entertain the
application for restoration of execution petition beyond a period of
30 days by invoking inherent powers
BLJR 525 an application for execution had been dismissed and an application for setting aside the order of dismissal and for restoration of the application ... date of the order on the application for restoration, but the date on which the application for execution was dismissed; and the reason for reaching
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 ... execution application post
hearing in the matter was, therefore, under the inherent powers and
hence, the application for it's restoration would also
finding is recorded by the court below while allowing the
application for restoration of execution proceeding. Learned counsel
further invited my attention to order ... fixed for hearing and
therefore, the court held that the application for restoration of
execution proceeding is required to be filed within 30 days. Learned
finding is recorded by the court below while allowing the
application for restoration of execution proceeding. Learned counsel
further invited my attention to order ... fixed for hearing and
therefore, the court held that the application for restoration of
execution proceeding is required to be filed within 30 days. Learned
restoration of the said execution application in the
Court of Addl. District Judge (I), Faridkot. The original execution
application was not traceable in the record ... previous application. The particulars of
said execution application were not available and the same
were also not traceable, therefore, fresh application for
execution
