OGAN PERME Vs. OBANG DAI AND ANR

JUDGEMENT

(1.) Heard Mr. Tony Pertin, learned Counsel for the Petitioner-Appellant and also heard Mr. T. Leriak, learned Counsel appearing for the Respondents. This application has been filed under Sec. 5 of the Limitation Act, 1963 for condonation of delay of 249 days in filing the application for restoration of FRA No. 01(AP)/2008, which was dismissed for default on 10.8.2009.

(2.) In explaining the delay, the Petitioner-Appellant has made the following averments in para 2 of the petition, which is quoted below:

(3.) Mr. Pertin, learned Counsel for the Petitioner-Appellant submits that he came to know about the dismissal of the appeal in default only in the third week of April 2010 and he immediately applied for a certified copy of the said order, which he obtained on the same day and thereafter filed the restoration petition on 22.4.2010 along with the present condonation application.