UNITED INDIA INSURANCE CO. LTD Vs. DEETA RAM

JUDGEMENT

(1.) The present restoration application has been filed against the order dtd. 2/9/2019 passed by the Deputy Registrar (Judicial) whereby the appeal in question was dismissed for non-compliance in pursuance to the peremptory order dtd. 6/8/2019.

(2.) The restoration application is reported to be barred by 1095 days. An application under Sec. 5 of the Limitation Act has been filed. The service of notice on application under Sec. 5 of the Limitation Act is complete. None has put in appearance on behalf of the respondents.

(3.) In the restoration application as well as application under Sec. 5 of the Limitation Act, it has been stated that on the date, when the peremptory order was passed, counsel could not appear before the Court and hence, he was not aware of the said order. Therefore, the same could not be complied with. It has further been submitted that because of the ailment of the wife of the counsel appearing for the appellant, he could not attend the matter.