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MCC No.2425/08
Mahesh Jainsingh and others
15.12.2010
This application is filed for restoration of Misc.Appeal
No.2035/06 which was dismissed because of non-compliance of the
peremptory order dated 28.7.2006 by which the applicant was
directed to cure the default within a period of two weeks, failing which
the appeal was directed to be dismissed.
It appears that the default was not cured within the time period,
so the appeal was dismissed. Considering the reasons stated in the
application (I.A.No.14052/08) seeking condonation of delay,
supported by an affidavit, prayer made in the application is allowed.
The delay in filing this MCC is condoned. For the same reasons, this
MCC is allowed with following directions:-
Applicant is allowed further 60 days time from today to make
the default good and if the default is made good within aforesaid
period, office to restore Misc.Appeal No.2035/06 to its number and to
place it before an appropriate Bench, failing which earlier order shall
stand.
No order as to costs.
(Krishn Kumar Lahoti)
Judge
C.