SARDAR GURTAHAL SINGH Vs. ANAND SINGH JAGDHARI

JUDGEMENT

(1.) Heard Sri Munawar Sultan learned Counsel for the Appellant and Sri P.V. Chaudhary for the opposite parties.

(2.) This second appeal was dismissed in default on 9.10.2009. The Appellant moved an application for its restoration on 13.1.2010 with an application for condo nation of delay under Section 5 of the Limitation Act. He has explained the reasons for moving the application with delay. Objection was invited from Sri P.V. Chaudhary on application for condo nation of delay. Sri Chaudhary has raised objection that the delay should not be condoned.

(3.) Sri P.V. Chaudhary has raised another legal objection that in second appeal application for restoration can only be moved under Order 41 Rule 19. It reads as follows: