High CourtsDivision Bench(1972) 06 KAR CK 0025

Karibasappa vs Md. Khaja Hussain and Others

Karnataka High Court · Decided on 1 June 1972 · Citation: AIR 1973 Kar 77 : AIR 1972 Kar 77 : (1972) 2 MysLJ 273

HON’BLE JUDGES
M.S. Nesargi, J · E.S. Venkataramiah, J
RESULT
Dismissed
CASE NUMBER
First Appeal No. 98 of 1960

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Judgment

1 paragraphs · 179 words

Venkataramiah, J.—R. A. 98/60 was dismissed on 26-7-1965 on the ground that the appellant did not deposit the printing charges within the time granted by the Court. The present application is filed for restoration of the appeal on 22-2-1972. The delay in making the application is more than 6 years. No satisfactory explanation is given for not filing the application within a reasonable time after the dismissal of the appeal. Mr. Murlidhar Rao submits that the rules of the High Court do not prescribe any period of limitation for making such an application and hence there is no delay in making the application. We do not agree with the above submission. When no specific period of limitation is prescribed therefor, the case has to be dealt with in the light of the doctrine of laches which applies to judicial proceedings. The period of six years cannot be considered as reasonable time within which an application for restoration can be filed. No satisfactory explanation is forthcoming to condone the delay. Hence we reject the application without notice to the respondent1