IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

124 RA-RS-7-2025 in IN RSA-553-1992 Date of Decision: 27.02.2025 Mange Ram and others .…Applicant-Appellants Versus Harphool and others .... Non-applicant/Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Rajesh Khandelwal, Advocate for the applicant/appellants.

NIDHI GUPTA, J.

1. The applicant-appellants have filed the present application under Section 114 read with Order XLVII Rule 1 CPC read with Section 151 CPC for review of the order dated 04.02.2025, passed by this Court in CM Nos. 1221 and 1224-C of 2022, in RSA-553-1992, vide which the application for condonation of delay and restoration have been dismissed. 2. Briefly stated, the plaintiff-appellants are in second appeal against the judgment and decree dated 16.11.1991 passed by the ld. District Judge, Hisar, vide which the appeal filed by the defendant- respondents was allowed, reversing the judgment and decree dated 18.09.1987 passed by the learned Senior Sub-Judge, Hisar thereby decreeing the suit for declaration filed by the appellants. Notice in the main appeal was issued way back on 15.05.1992. Thereafter, when this case was listed for hearing on 27.03.2019, the same was dismissed for non-prosecution by a co-ordinate Bench of this Court, on account of non- appearance on behalf of the appellants on 14.9.2018, 28.9.2018, and

13.2.2019.

3. Being aggrieved, the applicant-appellants had filed application bearing CM-1224-C-2022 for restoration of main appeal; along with an application No. CM-1221-C-2022 under Section 5 of the Limitation Act, for condonation of delay of 324 days delay in filing the aforesaid application for restoration of main appeal. Notice in the applications was issued vide order dated 11.3.2022, for 21.04.2022.Both the aforesaid applications were dismissed by this Court vide order under review, dated 04.02.2025, which reads as follows:

“Prayer in the present application (CM-1221-C-2022)

is for condonation of delay of 324 days in filing the accompanying application (CM-1224-C-2022) filed under Order 41 Rule 19 read with Section 151 CPC for re- admission of the main appeal (RSA-553-1992) which was dismissed for non-prosecution vide order dated 27.3.2019 passed by a co-ordinate Bench of this Court.

Prior to dismissal of the main appeal for non-

prosecution vide order dated 27.3.2019 there was no representation on behalf of appellants on three dates prior thereto i.e. on 14.9.2018, 28.9.2018 and 13.2.2019.

Thereafter, the present application (CM-1224-C-2022)

for restoration of the main appeal was filed by the applicants-appellants in the year2022, in which notice was issued on 11.3.2022.

Despite the abovesaid facts there was no representation on behalf of applicants-appellants on

28.7.2023 and further on two dates i.e. 08.11.2023and 12.3.2024 the matter was adjourned on request of learned counsel for the applicants-appellants. Even on the last date of hearing i.e. 21.10.2024 there was no representation on behalf of applicants-appellants. The present applications are pending since 2022.

It is also to be noted that the present application (CM-

1224-C-2022) for restoration of the main appeal is stated to be filed with a delay of 324days.

However, reply to the said application (CM-1224-C-

2022) has been filed by the non-applicant/respondent No.3 and it is stated by learned counsel for the non-

applicant/respondent No.3 that the actual delay in filing the application for restoration of the main appeal is 1031 days not 324 days.

Learned counsel for the applicants-appellants is not able to controvert this assertion of the non-

applicant/respondent No.3.

In view of the aforesaid position, this Court is not convinced to grant the prayer made by the applicants- appellants in the aforesaid applications. A bare reading of the above facts shows that the appellants have exhibited an utterly casual and derelict attitude in their pursuit of the present litigation. No ground, let alone any cogent ground has been cited