SHYAM NARAIN Vs. HARAKH CHANDRA NAHATA

JUDGEMENT

(1.) THIS is Delay Condonation Application No. 6343 of 2010 for condonation of delay in moving Restoration Application No. 614 of 2010 for restoration of First Appeal No. 280 of 2001, which was dismissed for non-prosecution by this Court on 5.5.2005.

(2.) HEARD .

(3.) LEARNED Counsel for the applicant argued that his application for restora­tion is maintainable in view of the provision contained in Section 146 of Code of Civil Procedure, 1908 read with Order XXII Rule 10 of the Code (further read with Order XLI Rule 19 of the Code). In support of his contention, learned Counsel for the applicant (3rd party) has placed reliance in the case of Raj Kumar Vs. Sardari Lal and others (2004) 2 SCC 601:2004 SCFBRC 268.