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P.K.LOHRA
State of Rajasthan – Appellant
Versus
Bhanwar Lal Nagwal S/o Late Shri Ramnath – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Manish Vyas, Mr. Vivek Sharma.

ORDER :

1. Applicant-appellants, State of Rajasthan and its other officers, have laid this application under Order 41 Rule 19 read with Section 151 CPC for seeking restoration of accompanying Civil First Appeal No. 25/2006. The appeal was dismissed in default and for want of prosecution on 29th of March, 2016. As the restoration application is filed after delay of 949 days, on behalf of applicants, an application under Section 5 of the Limitation Act is also filed for seeking condonation of delay. The restoration application as well as application under Section 5 of the Limitation Act is supported by affidavit of the officer-in-charge of the case.

2. Upon perusal of order dated 29th of March, 2016, it is abundantly clear that there was no representation on behalf of applicant-appellants for more than four years and the appeal was deferred from time to time. From the order-sheets of the accompanying first appeal, it is also borne out that since 20th of October, 2011 uptil dismissal of the appeal, in default and for want of prosecution, nobody had appeared on behalf of the appellants. The reasons spelt out in the application by the applicants for restoration are also far from satisfact






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