This judgment addresses an application for condonation of delay in filing a CMAPL to restore a dismissed second appeal that was struck out for non-prosecution. The court allowed the prayer and restored the appeal to its original number.
The CMAPL for condonation of delay is disposed of; the second appeal is restored to its original number.
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CMAPL No.28 of 2018
Misc. Case No.8 of 2018
03. 24.04.2018 This is an application for condonation of delay in filing CMAPL.
Heard Mr. C.R. Nanda, learned counsel for the petitioner and Mr. S.K. Sarangi, learned counsel for the opposite parties.
Considering the grounds taken in the application and submission of learned counsel for the petitioner, the delay in filing CMAPL is condoned subject to payment of cost of Rs.500/(rupees five hundred) to Mr. Sarangi, learned counsel for the opposite parties. The cost shall be paid by day after tomorrow.
Misc. Case is disposed of.
Dr.A.K.Rath,J.
CMAPL No.28 of 2018
04. 24.04.2018
This application has been filed for restoration of R.S.A. No.472 of 2003, which was dismissed on 06.11.2017 for non-prosecution.
Heard Mr. C.R. Nanda, learned counsel for the petitioner and Mr. S.K. Sarangi, learned counsel for the opposite parties.
Considering the averments made in the petition and the submission advanced by the learned counsel for the petitioner, the prayer is allowed. The second appeal be restored to its original number.
CMAPL is disposed of.
Dr.A.K.Rath, J.
2
1 issue framed by the court
Whether the delay in filing the condonation application for restoration of the second appeal should be condoned.
Petitioner
Opposite Parties
Dr. A.K. Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
