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Allahabad High Court
Subhash Singh vs The State Of U.P. & Others on 4 August, 2010
Court No. - 39

Case :- WRIT - C No. - 888 of 2007

Petitioner :- Subhash Singh
Respondent :- The State Of U.P. & Others
Petitioner Counsel :- Vivek Mishra,V.C. Mishra
Respondent Counsel :- C.S.C.,Anuj Kumar,S.K. Misra

Hon'ble Dilip Gupta,J.

Civil Misc. Delay Condonation Application No.54970 of 2010:

This application has been filed for condoning the delay in filing
the restoration application.

In view of the averments made in the affidavit filed in support of
the application under Section 5 of the Limitation Act, I am
satisfied that the applicant was prevented by sufficient cause from
preferring the Restoration Application within the period of
limitation.

The application is, accordingly, allowed.

Civil Misc. Restoration Application No.54966 of 2010:

This application has been filed for recalling the order dated 3rd
July, 2009 by which the Writ Petition was dismissed in default.

I have heard learned counsel for the applicant and the learned
counsel appearing for the respondents.

In view of the averments made in the affidavit filed in support of
the application, the application is allowed. The order dated 3rd
July, 2009 is recalled and the Writ Petition is restored to its
original number.

Order Date :- 4.8.2010
GS


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