SUKUMAR MITRA Vs. SMT. KAVITA GUNNANI

JUDGEMENT

(1.) Heard learned counsel for the parties on disposal of delay condonation application no. 341881 of 2014 in moving restoration application no. 341883 of 2014, and perused the records. The restoration application and affidavit of applicat were controverted by counter-affidavit, against whic rejoinder affidavit was filed.

(2.) The non-admitted Civil appeal no. 923 of 2003, Sukumar Mitra v. Smt. Kavita Gunnani Smt. Kavita Gunnani was dismissed on 04.01.2005. its restoration application was moved by applicant-appellant on 20.11.2014.

(3.) The grounds of delay condonation are mentioned in paragraphs to 5 of affidavit of appellant Sukumar Mitra, which are that the appellant came to Allahabad on 14.9.2014 and inquired about his case to his counsel who directed his clerk to make enquiry about the case in the concerned office of this Court. Then the clerk of the counsel enquired the above case from computerized section of the Court and found that the case was dismissed on 4.1.2005. then the counsel for the appellant has perused his register of year 2005 and found that the above noted case was not marked so he failed to appear and case was dismissed. Thereafter the clerk of the counsel inquired about the original record of the appeal from the section concerned and restoration application was moved.