BACHHI DEVI Vs. SHASHI BHUSHAN SINGH

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the opposite party Nos. 1 and 3(ii) to 3(iv).

(2.) The application has been filed for restoration of Civil Revision No. 872 of 2005 which stood dismissed for non-compliance of the peremptory order dated 2.7.2007 of this Court. By the aforesaid order this Court had granted two weeks time to learned counsel for the petitioners to comply with the first part of the order dated 30.3.2007 of the Lawazima Board, i.e., for filing an affidavit of jointness of opposite party Nos.3(i) & 3(H) with opposite party No.3(iii) within a period of four weeks from that date. Since the said order was not complied with within the peremptory time granted, the Civil Revision Application stood rejected in terms of the peremptory order. Accordingly, the present application for restoration has been filed.

(3.) Learned counsel for the appearing opposite parties submits that the restoration application has been filed beyond the period of limitation as provided by Article 122 of the Limitation Act and thus the same should be dismissed as barred by limitation. In support of the same he relies upon a decision of a Division Bench of this Court in the case of Radhanath Pathak and another Vs. Bihar State Board of Religious Trusts, Patna, 1968 AIR(Pat) 110.