Vivek Kumar Birla, J. - (1.) Re: Civil Misc. Delay Condonation Application No. 39937 of 1997 Re: Civil Misc. Restoration Application No. 39936 of 1997 Heard- Sri S.K. Mishra, learned counsel for the applicant and Sri Shivam Yadav, learned counsel for the NOIDA. On 23.7.2019 following order was passed:- "Re: Civil Misc. Restoration Application Heard Sri S.K. Mishra, learned counsel for the applicant. The appeal was dismissed on the ground of deficiency in court fees in the year 1989. The appellant during his lifetime never challenged the aforesaid order and the same was permitted to become final. The appellant stated to have died on 14.12.1983. Subsequently, the legal heirs came forward to file this restoration application and simultaneously, filed substitution application as the original appellant had already died. This restoration application was filed after a gap of 14 years. The application was filed by some other counsel and now Sri S.K. Mishra is pressing the said application. Under such circumstances, when this transpired during the course of argument, Sri S.K. Mishra, learned counsel for the applicant prayed for time to support his argument with some judgments of the Hon'ble Apex Court or of this Court on this issue as to how this restoration application can be allowed filed by the legal heirs wherein the appellant during his lifetime has not come forward to challenge the same and permitted the judgment of dismissal become final. On his request, list after four weeks."
(2.) Today learned counsel for the petitioner in the light of the aforesaid order has placed reliance on the order passed by me in First Appeal No. 539 of 1982 Risal Singh and others vs. Sate of U.P. and claimed that in that case there was a delay of thirteen years which was condoned by this Court and substitution application was allowed. He submits that under such circumstances the present applications are also liable to be allowed.
(3.) Sri Shivam Yadav, learned counsel for the NOIDA submitted that such huge delay cannot be condoned. He submits that cause shown is not sufficient. I have considered the rival submissions and perused the record.;