NEPAL PANDIT Vs. GOPAL PANDIT

JUDGEMENT

(1.) Misc. Appeal No.51 of 2020 was dismissed for default on 28/7/2021 due to non-compliance of the peremptory order dtd. 23/6/2021.

(2.) Instant civil miscellaneous petition has been filed for restoration of the said appeal under Order XLI Rule 19 of the CPC after condoning the delay of 1131 days in preferring restoration application for which a separate I.A. No.10878 of 2025 has been filed.

(3.) It is submitted by learned counsel that miscellaneous appeal was preferred against dismissal of the probate application and the petitioner was not duly informed by the learned conducting counsel with regard to dismissal of the suit which resulted in delay. The defect was formal in nature to mention the signature of counsel with the enrollment number after prayer portion in memo of appeal, which was to be removed within a period of four weeks and because of laches on the part of conducting counsel the petitioner, who has a good case, cannot suffer.