JUDGMENT

1. The matter comes upon an application filed by the appellant under Section 5 of the Limitation Act seeking condonation of delay in filing restoration application for restoration of D.B. Civil Misc. Appeal No.592/2021.

2. The appeal was dismissed for want of prosecution on account of the fact that when the matter was listed before the Court on 08.11.2021, 17.11.2021 & 25.11.2021, none appeared for the appellant and the Court, noticing the fact that none was present for the appellant on 25.11.2021 as well, dismissed the appeal for non-prosecution.

The office has reported that the application seeking restoration is barred by 65 days.

3. An application under Section 5 of the Limitation Act has been filed inter-alia indicating that counsel for the appellant could not appear before the Court, as he tried to join the hearing through video conferencing but failed to connect and purportedly on account of reasons beyond the control of the counsel, the matter remained unattended on three occasions and as such, the delay in filing the restoration application deserves to be condoned.

4. Learned counsel for the respondent vehemently contested the applications.

5. Submissions have been made