YASHPAUL DEVGAN Vs. RAJENDER KUMAR

JUDGEMENT

(1.) THE appeal was on 23rd January, 2013 dismissed in default of appearance of the appellant. This application for restoration has been filed with an application for condonation of delay of 270 days in applying therefor.

(2.) THERE is absolutely no reason stated as to why the appellant/his counsel did not watch the matter in the cause list of this Court where it was admittedly listed at item no.29. There is also no reason stated as to why the appellant/his counsel did not watch the list from 23rd January, 2013 till now. An application for restoration cannot be filed whenever the appellant/his counsel may choose to check the list.

(3.) TO check the seriousness of the appellant to pursue the appeal now, the counsel for the appellant was asked to argue on the merits of the appeal.