The main petition, undisputedly, has been dismissed for non-removal of office objections. Having considered the contents of the application and the nature of dispute between the parties emerging from record, delay caused in preferring present Restoration Application requires to be condoned taking generous and pragmatic view of the matter, as there was no fault on the part of the applicant petitioner. As this is not a case of the fault on the part of the applicant petitioner, so delay can be condoned and conditional order can be passed.
In view of above, delay caused in filing restoration application is condoned. The impugned order dismissing the above-numbered writ petition for non-removal of office objections is hereby quashed and set aside and above-numbered Spl.Civil Application is hereby restored on file on a condition that the applicant petitioner shall remove the office objections on or before 17.01.2005 failing which the present Restoration Application shall automatically stand dismissed. On removal of office objections on or before the stipulated date, the Registry shall list the above-numbered writ petition for admission hearing.
Present MCA stands allowed accordingly.No costs.
[ C.K. BUCH, J ] *rawal