GURMAIL SINGH Vs. VARENDER ANAND

JUDGEMENT

(1.) IA No.5492/2010 (for delay) 1. This is an application filed by the plaintiff under Section 5 of the Limitation Act seeking condonation of delay in filing the application for restoration of his suit, being IA No.5907/2010.

(2.) It is alleged in the application that plaintiff was neither informed of nor had the knowledge of the dates 11th September, 2009 and 15th February, 2010 fixed in the case by his Advocate. He landed in India on 4th April, 2010 and came to Delhi on 15th April, 2010. When he contacted his counsel, he was told that the case had been dismissed in default on 15th February, 2010. It is submitted that plaintiff was in the knowledge of dismissal of the case but, since his previous counsel did not inform him about the same, he could not prosecute his case on the dates fixed and suffered the impugned order.

(3.) Without going into the merits of the application, it is allowed and delay of 40 days in filing the application for restoration of the suit is hereby condoned. IA No.5907/2010 (Order 9 Rule 9 r/w Section 151 CPC)