BABY P V Vs. K K LILLY

JUDGEMENT

(1.) C.M.Appl.No.2302 of 2010 is a petition to condone the delay of 70 days in filing an application for restoration of an appeal dismissed for default. M.J.C No.409 of 2010 is an application to restore Mat.Appeal No.262 of 2005.

(2.) We have heard both counsel. The application is opposed. The Matrimonial appeal was filed in 2005. No steps were taken to issue notice to the 2nd respondent. When the matter came up before the Registrar (Judicial) on 28.08.2010, there was no representation and the case was directed to be posted before the Bench. By order dated 19.05.2010, time was granted to the counsel for the appellant to take steps. It was directed that if steps were not taken within the stipulated time, the appeal be called after 10 days.

(3.) No steps were still taken. The matter had come up for hearing on 11.06.2010 and at that stage, this Court proceeded to pass the judgment dated 11.06.2010 dismissing the Matrimonial Appeal for non prosecution. It is later that the application for restoration (M.J.C) has been filed along with an application to condone the delay.