NARASINGHA CHARAN SWAIN Vs. JAIRAM JENA

JUDGEMENT

(1.) This is an application under Section 151. C. P. C. for restoration of First Appeal No. 47 of 1974 which was dismissed for default on 29-1-1979.

(2.) The First Appeal was dismissed because the appellant failed to comply with a peremptory order to file the paperbooks on compulsory documents within the time fixed by the Court. The petitioner's contention is that he did not know that a peremptory Order had been passed and that when the connected appeal (F. A. No. 310 of 1978) was listed in the Cause List on 7-5-80 he came to know about the dismissal of the appeal.

(3.) The application for restoration was filed on 12-5-80. that is, after a delay of about 523 days. The petitioner has filed another application for condonation of delay on the ground that he was not aware of the peremptory order and he came to know about dismissal of the appeal for the first time when the matter was listed in the Cause List on 7-5-80.