MAMTA Vs. JAGDISH RAI

JUDGEMENT

(1.) THE instant revision petition under Article 227 of the Constitution of India has been filed against the order dated 17.5.2013 (Annexure P -4) passed by learned Additional District Judge, Barnala whereby the application for restoration of the appeal -dismissed in default, has been dismissed. Learned counsel for the petitioners vehemently contends that the appeal was dismissed in default on 11.8.2009. The application for restoration of appeal was filed on the very next day i.e. on 12.8.2009 and the same was also dismissed on 18.5.2010. Against the said order the petitioners filed Civil Revision No. 4386 of 2010 in this Court and the same was dismissed on 20.8.2010 by passing the following order:

(2.) LEARNED counsel for the petitioners further contends that initially there was no delay in filing application for restoration of the appeal but due to some technical error, the application was dismissed.

(3.) I have considered the contentions of learned counsel for the petitioners and perused the case file.