RANA DEVI Vs. LACHHMAN DASS CHATURVEDI

JUDGEMENT

(1.) THE appellants are aggrieved by the order dated 16. 9. 2005 dismissing appellant's application under Section 5 of the Limitation Act which prayed for delay to be condoned in moving an application under Order 41 Rule 19 of the Code of Civil Procedure.

(2.) APPELLANTS' appeal was dismissed in default on 19. 5. 1999. Restoration thereof was prayed for by filing an application on 8. 5. 2002.

(3.) WHAT had happened was that during pendency of the appeal, against an interim order passed in the appeal the respondent preferred a revision petition in this court registered as C. R. No. 247/1996. Due to the pendency of the said civil revision petition in this Court further proceedings could not be continued in the appeal as the same were stayed by this Court.