In this application for condonation of delay to restore anA.H.O. dismissed for non-prosecution in 2000, the bench held that condoning an eighteen-year delay was inappropriate. Consequently, the application and the main Miscellaneous Jurisdiction Case were dismissed.
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M.J.C. No.221 of 2000
I.A No.04 of 2018 & M.J.C. No.221 of 2000
Heard.
It appears that the aforesaid A.H.O. was filed against the order dated 18.06.1992 passed in First Appeal No. 192 of 1977 whereby this Court allowed the appeal by reversing the trial court judgment. However, the A.H.O. was dismissed for non-prosecution on 30.06.2000. Thereafter, the petitioner had filed M.J.C. No.135 of 2000 for restoration of the A.H.O., but such M.J.C. was rejected as the same was not in order. Thereafter, for the second time, the petitioner has filed present M.J.C. for restoration of the A.H.O..
Considering the facts and submissions made, we are of the considered opinion that after eighteen years, it will not be appropriate to condone the delay in filing the present M.J.C. filed for recall of order dated 30.06.2000 passed in the A.H.O. whereby the judgment passed in the First Appeal was confirmed in view of dismissal of the A.H.O. for non-prosecution. Accordingly, the I.A. for condonation of delay stands dismissed. Consequently, the M.J.C. stands dismissed.
.……..........………… ( K.S. Jhaveri ) Chief Justice
……………….…….. ( K.R. Mohapatra ) Judge
SKG/AKK
2 issues framed by the court
Whether the delay in filing an application for condonation of delay for restoration of a dismissed A.H.O. after eighteen years should be condoned.
Whether the present M.J.C. for restoration of the A.H.O. should be allowed.
2 provisions across 2 enactments
Applicant
Respondent
K.S. Jhaveri
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
