Ratan Lal vs Girdhar Lal on 6 November, 2008

     IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
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                 CIVIL RESTORATION No. 05953 of 2008

                                            RATAN LAL
                                        V/S
                                          GIRDHAR LAL

    Ms. DEEPIKA VYAS for Mr. RANJEET JOSHI, for the
appellant / petitioner

       Date of Order : 6.11.2008

                           HON'BLE SHRI N P GUPTA,J.

                                    ORDER

—–

Heard learned counsel for the petitioner.

The Registry has reported the restoration to be

barred by 358 days.

In my view, the application filed under Section 5

of the Limitation Act does not disclose any sufficient

ground for condoning the delay. The appeal was dismissed by

the Dy. Registrar consequent upon the peremptory order, and

as appears from the order-sheet that counsel was present on

behalf of the petitioner. Thus, the dismissal of the appeal

was very much known on 6.8.2007 itself.

Thus, the application under Section 5 of the

Limitation Act is dismissed. Consequently, the restoration

application is also dismissed as time barred.

( N P GUPTA ),J.

/tarun/