KARIBASAPPA Vs. MD KHAJA HUSSAIN

JUDGEMENT

(1.) R.A.98 of 1960 was dismissed on 26-7-1965 on the ground that the appellant did not deposit the printing charges within the time granted by the Court. The present application is filed for restoration of the appeal, on 22-2-1972. The delay in making the application is more than six years. No satisfactory explanation is given for not filing the application, within a reasonable time after the dismissal of the appeal. Mr. Muralidhar Rao submits that the Rules of the High Court do not prescribe any period of limitation for making such an application and hence there is no delay in making the application. We do not agree with the above submission. When no specific period of limitation is prescribed therefor, the case has to be dealt with in the light of the doctrine of laches which applies to judicial proceedings. The period of six years cannot be considered as reasonable time within which an application for restoration can be filed. No satisfactory explanation is forthcoming to condone the delay. Hence, we reject the application without notice to the respondents.