DIVISIONAL FOREST OFFICER, BOKARO Vs. BHUWANESHWAR SHARMA

JUDGEMENT

(1.) THIS C.M.P. has been filed for restoration of M.A. No. 110 of 2009 which stood dismissed for default on 22.04.2010 for non compliance of Court's order dated 08.04.2010. This C.M.P. has been filed to restore said M.A. No. 110 of 2009 after a delay of 1033 days and for that a separate petition under Section 5 of the Limitation Act has been filed with a prayer to condone the delay.

(2.) IT is admitted that Title Suit No. 16/1993 was filed by the respondents for declaration of their right, title and interest and recovery of possession and that suit was decreed in favour of the respondents without considering the documents and evidence on record properly. Being aggrieved and dissatisfied with the Judgment and Decree passed in Title Suit No. 16/1993, the appellant preferred Title Appeal No. 38 of 1998 before the learned District Judge. However, said Title Appeal No. 38 of 1998 stood dismissed for default on 10.01.2000. Thereafter, the petitioner filed Miscellaneous Case No. 9/2000 which also stood dismissed on 12.08.2005. Thereafter, Civil Revision was filed which was later on converted into Miscellaneous Appeal No. 110 of 2009. Even after giving opportunity the appellant did not remove the defect and hence Miscellaneous Appeal No. 110/2009 stood dismissed vide order dated 22.04.2010.

(3.) NOW present C.M.P. has been filed after delay of 1033 days and the explanation extended do not appear to be proper and tenable. Stereotype explanation has been given that the petitioner could learn about the order of dismissal in the year 2012 and thereafter they became active and finally CMP after taking proper instruction and approval from the office has been filed.