JUDGMENT

In this F.A.O, the petitioner/appellant in I.A.No.1 of 2021 in A.S.No.118 of 2014 is challenging the order dated 23.12.2021 of the Sub Court, Pala. By the impugned order, the learned Sub Judge rejected I.A.No.1 of 2021 filed by the appellant under Section 5 of the Limitation Act to condone the delay of 2 years and 59 days in filing the restoration petition as well as the restoration petition 2 of 2021.

2. A.S.No.118 of 2014 was dismissed as not pressed on 08.11.2018. A memo was filed by the counsel for the appellant to that effect. Much later, the appellant filed restoration petition along with the application to condone the delay. The learned Sub Judge rejected both applications as noted above by the impugned order.

3. When this appeal was taken up for hearing, the learned counsel appearing for respondents 1, 11, 12 and 14 raised a preliminary objection. He submitted that an appeal under Order XLIII Rule 1 will not lie against the impugned order. The learned counsel submitted th