JUDGMENT

S.B. Civil Restoration Application No. 40/2014

1. The matter comes up on an application for restoration of S.B. Civil Misc. Appeal No. 721/2012 which was dismissed vide Order dated 08.10.2012 passed by the Deputy Registrar (Judicial) of this Court in compliance of the peremptory Order dated 24.08.2012 passed by this Court.

2. The restoration application is reported to be time barred by 272 days.

3. An application under Section 5 of the Limitation Act has been preferred by the appellant for condonation of delay in filing the restoration application.

4. No reply to the application for condonation of delay in filing the restoration application as well as restoration application has been filed by the respondents.

5. For the reasons mentioned in the application under Section 5 of the Limitation Act, the same is allowed. The delay of 272 days in filing the restoration application is condoned.

6. Heard learned counsel for the parties on the restoration application.

7. Learned counsel for the appellant submits that due to the bona fide error, the appellant could not file the requisites and therefore, in view of the peremptory order, the appeal was dismissed.

8. For the reasons mentioned in