(1.) This Writ Petition, was heard previously on several occasions, by this Court, but during the dates of the normal functioning of the High Court, and in view of the fact that the proceedings were being conducted through video conferencing due to pandemic, the judgment could not have been dictated on video conferencing and hence, with the prior permission of the Hon'ble The Acting Chief Justice, this Writ Petition, has been notified to be listed under the head of dictation of judgment today, i.e. 3rd October, 2020, when the judicial proceedings of the High Court, otherwise remains suspended on account of there being a holiday. The prior information with regard to the listing of the matter, has been notified with the prior information to the respective counsel, and they are present today, while participating in the proceedings of the dictation of the judgment.
(2.) The petitioner, herein, in the present Writ Petition, has questioned the impugned order dated 19th November, 2010, as passed by the Court of Second Additional District Judge, Nainital, whereby, the application filed by the respondent under Order 41 rule 19 of the CPC; to be read with Section 5 of the Limitation Act, has been allowed, and as a consequence thereto, the Civil Appeal, being Civil Appeal No. 7 of 2007, Ghanshyam Bhagat and another Vs. Smt. Kamala Devi, has been directed to be restored to its original number, to be heard on its merits.
(3.) There are certain factual backdrops, which are necessarily required to be considered by this Court, for a better appreciation of the controversy, in question.