Heard on I.A. No.2824/24, an application under Section 5 of Limitation Act for condonation of delay.

It is submitted that there is a delay of 3238 days in filing the present application.

For the reasons stated in the application, same is allowed and delay is hereby condoned.

Heard on the main application.

This is an application for restoration of M.A. No.571/2014, which was dismissed due to non-compliance of peremptory order of this Court dated 15.12.2014 and it was dismissed on 07.05.2015 By the order dated 15.12.2014, applicant was granted two weeks' time to reduce the value of appeal, however, since the same could not be executed within stipulated period, the appeal stood dismissed.

I t is the submission of learned counsel for the applicant that since applicant could not contact his counsel, therefore, the defaults pointed out by the Registry could not be removed in time and when he came to know about dismissal of the appeal, instant application for restoration is drafted and filed.

The aforesaid reason for not complying the Court's order is genuine and bona fide and for the mistake of counsel, party may not be made to suffer.

For the reasons assigned in the application, which is