PRAFULLA C.PANT,J. - (1.) THIS is Delay Condonation Application No. 6343 of 2010 for condonation of delay in moving Restoration Application No. 614 of 2010 for restoration of First Appeal No. 280 of 2001, which was dismissed for non-prosecution by this Court on 5.5.2005.
(2.) HEARD . The restoration application has been moved after a delay of more than five years (precisely one thousand eight hundred eighty three days). Applicant-Pradeep Gupta is not the appellant in the first appeal. The case of the present applicant is that he purchased the property from appellant Shyam Narain on 3.6.2006 i.e. after one year of dismissal of the appeal.
(3.) LEARNED Counsel for the applicant argued that his application for restora­tion is maintainable in view of the provision contained in Section 146 of Code of Civil Procedure, 1908 read with Order XXII Rule 10 of the Code (further read with Order XLI Rule 19 of the Code). In support of his contention, learned Counsel for the applicant (3rd party) has placed reliance in the case of Raj Kumar Vs. Sardari Lal and others (2004) 2 SCC 601:2004 SCFBRC 268.;