DEWAN CHAND Vs. CHUNI LAL AND ANOTHER

JUDGEMENT

(1.) This is an application seeking condonation of delay in filing the application for restoration of the Civil 2nd Appeal No. 21/2006, dismissed for non prosecution vide order dated 02.3.2007.

(2.) It is submitted by the applicant that the Civil 2nd Appeal filed by the applicant Dewan Chand which was pending adjudication in this court was dismissed in default of appearance on 03.2007 due to non appearance of the appellant and his counsel. It is claimed by the applicant that due to some criminal case registered against him, he along with all male members of his family, remained in jail for a pretty long time and were in detention on the date the Civil 2nd Appeal filed by the applicant was dismissed. It is further submitted that they were released from the jail only in the month of June, 2013. It is also submitted that the Civil 2 nd Appeal though filed by the applicant was being pursued by his brother who had engaged Shri S.A. Salaria, Senior Advocate as counsel in the appeal. It is pleaded that neither the learned senior counsel informed them about the dismissal nor they could otherwise know that their appeal has been dismissed. It was only when Sub Judge, Reasi decided the suit pending before him titled Pawan Kumar Vs Dewan Chand vide its judgment and decree dated 31.7.2014 in which reference to the dismissal of the appeal of the applicant had been made, the applicant acquired the knowledge. Immediately steps were taken and the appeal was preferred. This is how, the applicant has made effort to explain the long delay in filing the restoration application.

(3.) The respondents have filed their objections and have vehemently opposed the condonation application on the ground that the plea taken in the application for explaining the long delay of 5457 days does not constitute sufficient cause and, therefore, the application cannot be allowed. It is submitted that the applicant was negligent in prosecuting the appeal and the same was rightly dismissed by the Court.