AI Structured Summary
Not yet generated for this judgment
Judgment
Subodh Abhyankar, J
For the reasons assigned in the application, IA No.512/2023, an application under Section 5 of the Limitation Act, 1963 for condonation of delay is hereby allowed; and the delay of 26 (twenty six) days delay in filing the present case is hereby condoned.
Heard on the question of admission.
This application under Order 41 Rule 19 read with Section 151 of the Code of Civil Procedure, 1908 has been filed by the petitioner (s) for restoration of Review Petition No.833/2022, which was dismissed on 28.11.2022 by the Registry of this Court on account of non compliance of peremptory order dated 12.10.2022, whereby the petitioner (s) was directed to remove the defect (s) within a period of six weeks' time.
On perusal of the memo as well as the dismissal order of Review Petition on account of non compliance of the peremptory order and for the reasons assigned in the case, which is supported with the affidavit of the petitioner, in the interest of justice, Miscellaneous Civil Case No.144/2023 is allowed.
Consequently, Review Petition No.833/2022 is restored to its original number. Office is directed to list the same accordingly.