MOTILAL Vs. SHANKAR

JUDGEMENT

(1.) With the consent of the parties, the matter is finally heard on IA No. 5258/2017 which is an application under Sec. 5 of the Limitation Act, 1963 for condonation of delay in filing the restoration application as well as on the main application also.

(2.) This application under Order 41 Rule 19 read with Sec. 151 of the CPC has been filed for restoration of First Appeal No. 74/1998 which stands dismissed in view of peremptory order dtd. 22/2/2007.

(3.) Being aggrieved by judgment and decree dtd. 16/1/1996 passed in Civil Suit No.07-A/1995 by the Additional District Judge, Manavar, District Dhar, the appellants/applicants had preferred FA No. 74/1998 before this Court. For the purpose of prosecuting the appeal on their behalf applicants had engaged Shri Sheel Kumar Nigam and Saket Nigam, Advocates. By order dtd. 3/7/2006 the appeal was admitted for final hearing. At that time Shri A.K. Mishra was the counsel for the applicants who thereafter took up in Government service. The appeal was then listed for default on the part of the applicants in not paying adequate process fee for service of notices upon the non-applicants. By order dtd. 22/2/2007, the applicants were granted two weeks time to pay the process fee stipulating that in case of failure to do so the appeal shall stand dismissed without further reference to the Court. Since the order dtd. 22/2/2007 was not complied with within the period stipulated therein, the appeal stands dismissed.