ORDER

The present petition has been filed for restoration of Second Appeal No.195/2011, which was dismissed for want of prosecution vide order 08.03.2016. The restoration petition has been filed belatedly six years thereafter in the year 2022. The petition does not merely disclose a delay under the limitation act but reveals latches.

2. Learned counsel for the petitioner has taken this Court through the application filed U/s.5 of the Limitation Act wherein, it is disclosed that the appellant is a rustic villager and that he had all the confidence in the counsel engaged by him and that the counsel would dutifully pursue the appeal. It is further stated that the previous counsel was stricken by old age and was perhaps not regularly attending the Courts and on account of ex-parté order passed on April, 2021 by Tahsildar Ishanagar, with regard to the mutation of the suit property, the appellant came to know that something had happened and thereafter, he contacted his advocate from whom, he came to know about the dismissal of the appeal in the year 2016.

3. Learned counsel for the petitioner has submitted that the petitioner should not suffer for the carelessness of the counsel. The Court