The court has the discretion to condone delay under Section 5 of the Limitation Act based on the circumstances of non-compliance and pending appeals.

1. - This restoration application has been filed on behalf of the applicant-appellant seeking restoration of the appeal bearing S.B. Civil Misc. Appeal No.2295/2011, which was dismissed on account of non compliance of the order dated 26.07.2012 passed by this Court.

2. The present restoration application is time barred by 457 days. An application (IA No.361/2014) under Section 5 of the Limitation Act for condoning the delay in filing the present restoration application has been filed by the applicant-appellant.

3. Learned counsel for the applicant-appellant has submitted that the appeal bearing S.B. Civil Misc. Appeal No.2295/2011 filed by the applicant-appellant was listed before the Court on 26.07.2012 under the defects category, in which the Registry has pointed out the defect that the certified copy of the impugned award has not been filed. It is submitted that this Court vide order dated 26.07.2012 has ordered to remove the defect within a period of two weeks, failing which the appeal shall stand dismissed automatically. It is also submitted by learned counsel for the applicant-appellant that an application for dispensing with the condition of submitting certified copy of the impugned award was already filed by the applicant-appellant and the same was pending consideration, therefore, the defect pointed out by the Registry could not be removed pursuant to the directions given by this Court on 26.07.2012. It is also contended that the counsel for the applicant-appellant was under the impression that the matter is listed on the application filed by the applicant-appellant with a prayer for dispensing with the condition of submitting certified copy of the impugned award and as such he was not aware about the dismissal of appeal, therefore, the present restoration application is filed with the delay of 457 days.

4. It is further submitted by learned counsel for the applicant-appellant that against the impugned award an appeal preferred by an another claimant has already been admitted and pending consideration before this Court.

5. Having considered the arguments advanced by learned counsel for the applicant-appellant and after going through the contents of the application (IA No.361/2014) under Section 5 of the Limitation Act as well as the present restoration application, I deem it fit to allow both the applications.

6. Hence, the application (IA No.361/2014) is allowed. The delay of 457 days in filing the present restoration application is condoned.

7. Consequently, the application for restoration of appeal bearing S.B. Civil Misc. Appeal No.2295/2011 is allowed. The S.B. Civil Misc. Appeal No.2295/2011 restored to its original number.Application Allowed.

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