Appeal dismissed for non-prosecution

Though a separate application for condonation of delay was also filed by the counsel for the respondent and cause for non-appearance on the fateful day was the illness of the counsel and the same was also supported by an affidavit but perusal of both the affidavits, one along with restoration application and the other with application for condonation of delay, would reveal that both these affidavits were filed for restoration of appeal and not for condonation of delay, which reflected the casual attitude of the counsel for the respondent before the High Court

Main reason for accepting the application for restoration of appeal by the High Court was the affidavit of the counsel and no doubt that normally such affidavits were given due weight by the Courts if the same were based on true facts

With the application for condonation of delay no medical certificate of the counsel was attached reflecting his duration of illness

Applications for restoration and condonation of delay did not reflect that what was the sufficient cause which precluded him from submission of said applications within the prescribed time

Limitation could not be taken as a mere technicality as by expiry of period of limitation, valuable rights accrued to the other party.

Petitioner was present outside the Court but did not appear before the Court intentionally, restoration of appeal with cost was justified in circumstances

Revision having been filed maliciously just to linger on the proceedings before the Appellate Court, same was dismissed in limine.

Impugned order passed by the Appellate Court was vacated and appeal was restored to be decided on merits.

Delay of three (3) days in filing application for restoration of appeal supported by personal affidavit of appellant's counsel

Validity

Record showed that appellant's counsel had not taken due care and vigilantly pursued appeal after its admission

Appellant had failed to deposit decretal amount as per direction of court and his counsel had also declined to deposit same

Grant of restoration application being discretionary relief, which could be granted to a party having been vigilant and accorded respect to orders of court

Restoration application was time-barred, but appellant had not filed application under S. 5 of Limitation Act, 1908 for condonation of delay

High Court declined to grant restoration application in circumstances.