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K.K.TRIVEDI
Mahila Meeradevi – Appellant
Versus
Rekha – Respondent
JUDGMENT
1.Heard on I.A. No. 8827 of 2014, an application for condonation of delay in filing the MCC.
2. Considering the averments made in the application, the same stands allowed. Delay in filing the application is condoned.
Also heard on the question of admission.
3. This MCC has been filed for restoration of F.A. No. 167 of 2013 which was automatically dismissed due to peremptory order passed by this Court on 03.04.2014. It is contended by learned counsel for the applicant that he could not pay the process fee within the required time. Therefore, the appeal was dismissed for non-compliance of the order. If the appeal is not restored, the applicant would suffer irreparable loss. The applicant is very much interested in prosecuting the appeal. Such contentions are supported by an affidavit of the counsel.
4. Considering the aforesaid, the MCC is allowed. F.A. No. 167 of 2013 be restored on its original number, in case the default as pointed out by the Registry is removed within 15 days from today. Non-compliance of this order will entail automatic revival of the order of dismissal of first appeal.
The MCC stands allowed and disposed of accordingly.
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