V.K.JAIN, J. (ORAL)

CM 16730/2011 (for condonation of delay of 2660 days in filing CM 16729/2011 for restoration)

This is an application for condonation of delay in filing CM No.16729/2011, seeking restoration of this appeal which was dismissed in default and for non-prosecution on 29.4.2004. There is delay of as much as 2660 days (7 years and 105 days). The following are the reasons given in the application, for condonation of this abnormal delay of more than 7 years:

“2. That the appellant could not file the application for restoration of his aforementioned appeal in time due to the lack of knowledge and intimation of the dismissal order dated 29.4.2004.

3. That the appellant came to know the above mentioned facts of dismissal of its aforementioned appeal when his regular appeal filed by him for some other Khasra Nos. of the same village was come up for regular hearing before the Hon’ble Court of Ms. Hima Kohli in the month of July-August, 2011 as stated in the accompanying application under Order 9 Rule 9 read with Section 151 CPC.”

2. When this application was taken up for hearing on 22.9.2011, the learned counsel for the appellant/ applicant stated that ever since the