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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Archana Puri, J.
Raj Kumar Gandhi - Appellant
Versus
Paramjit Kaur - Respondent
CR-114-2022
Decided On : 01-02-2022
Limitation Act - Restoration of Dismissed Proceedings - Vague impugned order set aside, directed to decide the petition afresh
Fact of the Case:
The petitioner sought setting aside of the order for restoration of dismissed proceedings due to vague impugned order.
Finding of the Court:
The court found the impugned order to be vague and set it aside, directing the concerned authority to decide the petition afresh.
Issues: Vague impugned order, lack of specific reasons for restoration, no specific order on condonation of delay
Ratio Decidendi: The court emphasized the need for specific reasons and orders in restoration proceedings, setting aside the vague impugned order.
Final Decision: The impugned order was set aside, and the concerned authority was directed to decide the petition afresh.
JUDGMENT
Archana Puri, J. - The matter has been taken up through video conferencing in the light of COVID-19 pandemic.
2. Through the present petition, the petitioner is seeking setting aside of the order dated 25.11.2021 (Annexure P-7), vide which the miscellaneous application dated 14.07.2021 (Annexure P-5) for restoration of the case, has been decided.
3. It is now submitted that even the petition was dismissed in default on 22.09.2016 and it has been restored vide impugned order dated 25.11.2021.
4. Even though the application for seeking condonation of delay in filing of the petition for setting aside of the dismissal proceedings was filed, but however, without passing an order on the said application, the impugned order had been passed. An application under Section 5 of the Limitation Act, for seeking condonation of delay in filing of the restoration petition is Annexure P-5 and the application seeking restoration of the proceeding, which was dismissed in default on 22.09.2016 is also a part of Annexure P-5. Even, reply to the application under Section 5 of the Limitation Act has been filed, but no specific order has been passed on this application. Even, in the impugned order, no specific reason for restoration, as such, has been mentioned.
5. A perusal of the impugned order reveals that simplicitor it has been mentioned about the dismissal of the proceedings on 22.09.2016 and that miscellaneous application dated 14.07.2021 has been filed for restoration of the dismissal proceedings. Though it is stated that on perusal of the case file the dismissal proceedings have been restored, but no reasons, as such, has been assigned for the same. Even, no specific order has been passed on the application for condonation of delay.
6. In these circumstances, since the impugned order is quite vague, the same is set aside and the concerned authority is hereby directed to decide the petition afresh, in accordance with law and the petitioner is directed to make appearance before the concerned authority on 28.02.2022.
Accordingly, the instant petition stands disposed of.
7. A copy of the order be sent to the concerned Department.
AI
Courts emphasize the need for specific reasons and orders in restoration proceedings under the Limitation Act.
The main legal point established in the judgment is that a party cannot be deprived of justice on technical grounds, and the court can exercise discretion to condone delay in the absence of a formal ....
The court established that a formal application for condonation of delay is not mandatory under Section 5 of the Limitation Act, allowing for discretion in restoring applications.
Procedural laws should facilitate justice, and dismissal for non-prosecution is improper if the suit has not been admitted and notices have not been issued.
A party must provide substantial evidence to justify the condonation of significant delay in legal proceedings.
The court has the discretion to condone delay and restore a dismissed petition in the interest of justice, as provided under the relevant legal provisions.
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