Order on Application under Section 5 of Limitation Act IN Civil Misc. (Recall/Restoration) Application No. 96523 of 2017
1. Heard learned counsel for applicant-appellant.
2. This application seeking condonation of delay in filing application for recall of order dated 10.09.2012 whereby appeal was dismissed for want of prosecution and it has been filed with delay of almost five years. Hence this application under Section 5 of Limitation Act.
3. We find that appellant was represented through Sri Ishan Sishu, Sri A.R. Srivastava and Sri Vijai Bahadur, Advocates whose names were shown in cause list, but on 10.09.2012 none appeared and appeal was dismissed for want of prosecution.
4. In the present case, application has been filed on 28th March, 2017 by another counsel Sri Rajesh Srivastava, Advocate. The explanation given for delay is that Sri Vijai Bahadur, Advocate has died and that information was not received by appellant, but there were two other counsels appearing for appellant and about them nothing has been said.
5. We therefore, do not find appellant's explanation satisfactory.
6. Application under Section 5 of Limitation Act is hereby rejected.
Order Date :- 27.2.2018 A. Verma Civil Misc. (Recall/Restoration) Application No. 96523 of 2017 The application seeking condonation of delay in filing the aforementioned recall/restoration application having been rejected vide order of date, this application being barred by limitation, is accordingly rejected.
Order Date :- 27.2.2018 A. Verma