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, n