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1999 Supreme(Raj) 1342

MOHD.YAMIN
Basti Ram – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner:Mr. O.P. Mehta, Advocate.
For the Respondent:-Mr. Ravi Bhansali, Advocate.

JUDGMENT

1. -This restoration application was barred by limitation and hence an application under Section 5 of the Limitation Act was filed. The question is whether the petitioner has been able to explain the delay and hence entitled for condonation and consequent order of restoration?

2. Revision petition No. 65/98 was filed against the order of learned Civil Judge (JD) Merta dated 7.10.1997 which was admitted on 17.1.1998 and it was ordered that the notice be issued, returnable within four weeks. The petitioner filed PF and notices but not the extra set, hence notice was not issued as reported by office on 27.1.1998. The case was listed in court on 6.2.1998 but nobody was present on behalf of petitioner. However, one week's time was allowed to do the needful. On 6.3.1998 Mr. R.R. Chacha, counsel for the petitioner, was present and in his presence three days time was granted to do the needful failing which it was ordered that the revision shall stand dismissed without reference to the court. On 17.3.1998 it was reported that PF and notices and extra set were filed but not in time as directed on 6.3.1998. On 1.4.1998 nobody was present and it was ordered by the Dy. Registrar (Judl)












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