(1.) The present intra-court appeal is preferred against the order dated 16.05.2011 passed by the learned Single Judge in CM Nos.9745/2011 and CM No.9746/2011 in FAO No.368-377/2005 under Clause X of the Letters Patent whereby the learned Single Judge has declined restoration of the appeals and set aside the order dated 21.8.2009 by which the appeals were dismissed in default.
(2.) We have heard Mr. Akhil Sibal, learned counsel for the appellants on the question of maintainability of the intra-court appeal as the same arises out of an order not allowing restoration of a first appeal wherein the assail was to the order dated 12.9.2005 whereby the learned Additional District Judge had rejected the application for restoration of Suit No.1564/1996 on the ground that the suit had already abated as a whole due to the failure on part of the plaintiffs to bring on record the legal representatives of some of the defendants.
(3.) Challenging the said order, it was urged in the memorandum of appeal that the learned Additional District Judge has fallen into grave error by not directing restoration of the suit keeping in view the parameters of Order 9 Rule 9 of the Code of Civil Procedure, 1908 (for short 'CPC') but taking into consideration a legal position pertaining to abatement of suits, which was not permissible in law. When the first appeal was listed for hearing on 21.8.2009, the learned Single Judge dismissed the same in default. The application for restoration was filed after 20 months. The learned Single Judge, as is demonstrable from the order, did not think it appropriate to condone the delay and also did not find justifiable ground for directing restoration. Hence, the present appeal.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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