(1.) THIS order disposes of two applications filed by appellants. CM. No. 6192/2007 is an application filed by the appellants under Order 41, Rule 19 read with Section 151 of the Civil Procedure Code for restoration of the appeal which was dismissed in default on 7. 04. 2005. It is accompanied by CM No. 6193/2007 praying that the delay of nearly 2 years in applying for restoration be condoned under Section 5 of the Limitation Act. The relevant facts are as follows;
(2.) THIS appeal was filed in the year 1980 by Mr. A. R. Nim and his wife mrs. Satya Bala Nim impugning a judgment delivered against them in Suit No. 29/1972, where it was held that the plaintiff in that suit, Mr. Vishwa Mitra, is the owner of the suit property, i. e. 16, Hanuman Road, New Delhi, and that Mr. Nim and his wife are injuncted and directed to vacate the portion bearing No. 16-B, within two months and hand over the possession to the plaintiffs. At that time the appellants were represented by Mr. R. S. Kela and Mr. S. K. Tiwari advocates. Over the period of time, the above named appellants have been represented by different advocates including Mr. L. R. Gupta. We also notice that on some dates the appellant Mr. A. R. Nim has appeared in person.
(3.) THEREAFTER on 29th May, 1984 this Court disposed of an application under Order 6, Rule 17 of the Civil Procedure Code, whereby the respondent was permitted to file an amended plaint within 6 weeks and the matter was adjourned to 8. 10. 1984. Dissatisfied with the terms of the said order dated 29. 05. 1984, the respondent moved the Supreme Court of India seeking Special Leave to Appeal against the said order. On 02. 05. 1985, the Supreme Court was pleased to stay further proceedings before this Court. As a result none appeared before this court when the appeal came up on 3. 09. 1985 and on 6. 09. 1985. On 6. 09. 1985, this court directed that since the Supreme Court has stayed further proceedings, no further action is necessary and that the matter should now be put up when it can proceed further.