RAMNIWAS Vs. BALURAM

JUDGEMENT

(1.) The present restoration application has been preferred against the order dtd. 6/11/2023 passed by the Deputy Registrar (Judicial) of this Court whereby the S.B. Civil Appeal No.1795/2016 had been dismissed in pursuance of the per emptory order dtd. 6/9/2023.

(2.) Vide order dtd. 10/8/2023, learned counsel for the appellant was granted time to file an application under Sec. 5 of the Limitation Act and the matter was directed to be listed on 6/9/2023. However, the said application was not filed on 6/9/2023. Time was granted to counsel till 26/9/2023 to file the said application, failing which it was directed that the appeal would be dismissed without reference to the Court. The application was not filed even till 26/9/2023 and the appeal stood dismissed.

(3.) A perusal of the record shows that in the present appeal, at the inception, three defects were pointed out by the office way back in the year 2016 and the same were not cured. The appeal was then dismissed in pursuance to a per emptory order in the year 2017, however the same was restored vide order dtd. 3/8/2017.