ORDER :

1. The appellant/plaintiff has preferred this Misc. appeal against the judgment dated 04.10.2019 (Annexure A/1) passed in Civil Execution/M.J.C. No. Unregistered/2019 by which the learned Additional District Judge Dhamtari, District - Dhamtari (C.G.) has dismissed the Execution Application No. 16-B/2002 on account of delay and latches. The learned Executing Court has dismissed the application for execution on 19.04.2018 on account of absence of decree holder and non-payment of process fees and the application under Order 21 Rule 106 CPC has been filed on 17.05.2019 after delay of 17 months whereas the restoration application under Order 21 Rule 106 CPC should have been filed under Rule 106 within 30 days from the date of dismissal of execution case.

2. The appellant has filed Civil Suit before the learned Additional District Judge Dhamtari which was registered as Civil Suit No. 16-B/2002 for recovery of Rs. 2,18,000/- with interest. The learned trial Court vide judgment and decree dated 26.08.2002 allowed the suit and directed the decree holder to pay Rs. 2,18,000/- with interest from 02.09.1985 till the payment is actually paid. The plaintiff/appellant has filed an applicati