MCC No.764/2010
Smt. Kousar Jahan Anish Ahmed
23.6.2010.
Shri Dhananjay Chaturvedi, counsel for the applicant.
This application is filed for restoration of F.A. No.210/2010
which was dismissed because of non-compliance of a peremptory
order dated 16.4.2010 in FA No.210/2010. By the aforesaid order,
the applicant was directed to remove the defaults within ten days
failing which the appeal was directed to be dismissed
automatically without further reference to the Bench.
It was submitted that the defaults were of non filing of an
application 5 of the Limitation Act seeking condonation of delay
and another application under Section 149 C.P.C.
It was submitted by the learned counsel for the applicant
that the aforesaid applications were filed on 12.5.2010 before the
Court but because of peremptory order, the appeal itself was
dismissed.That both the applications required affidavits and time
was spent in procuring affidavits of the applicant so the
applications could not be filed during the aforesaid period.
Considering the peculiar facts of the case and the fact
that the applications were also filed by the applicant, we find it
appropriate to allow this application.
Office is directed to restore FA no. 210/2010 to its number
and be placed it before the appropriate Bench for consideration.
No order as to costs.
(Krishn Kumar Lahoti) (J.K.Maheshwari)
Judge Judge
JLL