VIJAI KISHORE Vs. VI ADDL. D.J.

JUDGEMENT

(1.) HEARD learned Counsel for the Petitioner. Cause shown is sufficient. Restoration Application is allowed on payment of Rs. 3,000/ - as cost which shall be deposited before the Allahabad High Court Mediation Centre within ten days. Order dated 21.7.2004 dismissing the writ petition for want of prosecution is set aside and writ petition is restored to its original number.

(2.) RESTORED . For orders see order of date passed on the restoration application No. 271686 of 2010.

(3.) HEARD learned Counsel for the Petitioner. Respondent No. 3 - -Ganga Ram instituted original suit No. 302 of 1983 against the Petitioner which was decreed on 24.9.1984 by Munsif, Hawali, Kanpur. On the said date none of the parties had appeared. Against the said judgment and decree Petitioner filed appeal on 11.1.1985 accompanied by an application for condonation of delay which was registered as Misc. appeal No. 34/74 of 1985. Vth Additional District Judge, Kanpur through judgment and order dated 9.7.1986 rejected the delay condonation application on merit and the appeal as belated. The said order has been challenged through this writ petition. In the impugned order it is mentioned that ''on 24.9.1984 the Defendant did not appear, the Plaintiff too did not appear in the court, therefore, the court closed the evidence of the Defendant and decreed the suit. ''