RAVINDRA Vs. SHAILENDRA KUMUR AGARWAL

JUDGEMENT

(1.) This restoration application, which is reported to be time barred by 1981 days, is accompanied with an application under Sec. 5 of the Limitation Act

(2.) It is stated in the application that the appellant/plaintiff came to know in the first week of May, 2023 that his counsel Shri Sanjay Sharma has passed away on 9/8/2022 and thereafter, when he visited this Court on 10/5/2023, it transpired that the civil second appeal was dismissed on 13/9/2017 of which he was never communicated.

(3.) Reiterating the averments made in the application, learned counsel for the applicant/appellant submits that he should not be punished for fault of his counsel. She, therefore, prays that the delay in restoration application be condoned.