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Judgment
This Letters Patent Appeal has been filed questioning the rejection of restoration application being M.J.C. No.2298 of 2016 arising out of another M.J.C. No.818 of 2008 in First Appeal No.647 of 1983.
The First Appeal was instituted questioning the judgement and decree of the trial court in the 1983. The appeal which was moved before this Court was not accompanied by requisites as per the Rules as a result whereof the appeal stood dismissed on 7.9.1999.
A restoration application was filed in the year 2008 and the same was also dismissed on 9.3.2016 being M.J.C. No.818 of 2008.
In order to set aside the said order and to get the appeal restored for being heard on merits, the third application being M.J.C. No.2298 of 2016 was filed which has now been rejected on 13th March, 2019 by a learned Single Judge of this Court who has further observed that keeping in view the conduct of the petitioners it appears that they are interested in lingering on proceedings in order to frustrate the findings recorded by a competent court of civil jurisdiction in favour of the decree holder.
It is, no doubt, true that the said order attaches finality to the litigation which simultaneously refuses restoration and also records a finding about the conduct of the appellant. This, therefore, results in confirming the final decree in the First Appeal.
In the light of above, a Letters Patent Appeal under Clause 10 of the Letters Patent against such an order, in our opinion, would not be maintainable without prejudice to the rights of the appellant to approach appropriate forum for either restoration or setting aside of the said order.
The appeal is, accordingly, dismissed.