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Vimlesh Kumari v/s Rajnikant

    First Appeal No. 118 of 1998

    Decided On, 26 October 2018

    At, High Court of Judicature at Allahabad

    By, THE HONOURABLE MR. JUSTICE ABHINAVA UPADHYA & THE HONOURABLE MR. JUSTICE BACHCHOO LAL

    For the Appellant: Manu Saxena, Rajiv Gupta, Vivek Saran, Advocates. For the Respondent: Manu Saxena, Ajit Kumar, Shodan Singh, Advocates.



Judgment Text

Re: Civil Misc. Delay Condonation Application No. 221993 of 2016.

On 4.5.2015 this appeal was dismissed f

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or non prosecution. The restoration application was filed with some delay with delay condonation application on which notices were issued. By the report of the office dated 25.10.2018 it is brought on record that the notices were sent through registered post as well as by courier fixing 23.4.2018 but neither the undelivered cover nor acknowledgement has been received back.

No one has put in appearance on behalf of the respondent nor any counter affidavit to the delay condonation application has been filed.We have considered the submission of the learned counsel for the appellant with regard to the delay in filing the restoration application which has been sufficiently explained. As such the delay in filing the restoration application is condoned. The delay condonation application is allowed.

Order on Civil Misc. Restoration Application No. 221997 of 2016.

The cause shown is sufficient. The order dated 4.5.2015 is hereby recalled. The restoration application is allowed. The appeal is restored to its original number.

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