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Judgment
6 paragraphs · 199 wordsGautam Kumar Choudhary, J
Instant Civil Miscellaneous Petition has been filed for restoration of Second Appeal No.27 of 2013 which was dismissed for default on 03.03.2022 on account of non-compliance of the order dated 17.02.2022 for substitution of respondent no.4. Petitioner has filed I.A.No.1628 of 2023 under Section 5 of the Limitation Act for condonation of delay of 317 days in preferring his restoration application.
It is submitted by learned counsel that earlier no informatory petition was filed regarding death of respondent no.4 and the petitioners are poor tribal and therefore, proper steps could not be taken for substitution despite order of this Court. The notices were earlier served in limitation matter on the opposite parties.
Learned counsel on behalf of opposite party nos.2 and 8 submits that there is an inordinate delay of more than 317 days in preferring restoration application.
Considering the grounds taken, Civil Miscellaneous Petition and I.A.No.1628 of 2023, are allowed and Second Appeal No.27 of 2013 is restored to its original file.
Petitioners undertakes to take steps for substitution of respondent no.4 within four weeks of the order, failing which the Second Appeal No.27 of 2013 will be dismissed without reference to the Bench.