Smt. Vimlesh Kumari vs Rajnikant
2018 Latest Caselaw 3376 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- FIRST APPEAL No. - 118 of 1998
 

 
Appellant :- Smt. Vimlesh Kumari
 
Respondent :- Rajnikant
 
Counsel for Appellant :- Manu Saxena,Rajiv Gupta,Vivek Saran
 
Counsel for Respondent :- Manu Saxena,Ajit Kumar,Shodan Singh
 

 
Hon'ble Abhinava Upadhya,J.

Hon'ble Bachchoo Lal,J.

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

On 4.5.2015 this appeal was dismissed for 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.

List after two weeks.

Order Date :- 26.10.2018

Masarrat

                                   (Bachchoo Lal,J.)     (Abhinava Upadhya,J.)