SARDAR HARVANSH SINGH Vs. OM PRAKASH AGRAWAL

JUDGEMENT

(1.) Heard on I.A. No. 1/2015 for condonation of delay in filing the instant MCC, barred by limitation of 217 days.

(2.) The MCC filed for restoration vide No. 585 of 2014 was dismissed on 23.12.2014 summarily reserving liberty to the petitioners to file appropriate application may be under Order 22, Rule 9 of the Code of Civil Procedure along with other supporting applications.

(3.) Thereafter, information sent to the applicants was received at a later stage and on account of illness of appellant No. 1, they could not take immediate steps to file required application, hence, there is a delay of 217 days and also on a bona fide act after the order passed in S.A. No. 867/98 on 27.6.2014, the applicants had filed MCC No. 585/2014, which was dismissed on 23.12.2014. Thereafter, the present MCC has been preferred. Hence, it is prayed that delay in filing the instant MCC be condoned.