Mahesh Bhagwati, J. - (1.) HEARD learned counsel for the parties on an application filed under Section 5 of Limitation Act, whereby the appellant has implored to condone the delay of 216 days. Learned counsel for the appellant canvassed that on 27.10.2010, the case was listed in defect side and a per -emptory order came to be passed by the Court on that day. He removed almost all the defects except one defect and the same could not be cured due to bonafide mistake. Subsequently, the appeal was listed before the Dy. Registrar (Judicial) and the same was dismissed vide order dated 25.11.2010 in view of the per -emptory order dated 27.10.2010. He could not mark the case on 25.11.2010, hence he was not aware about the dismissal of the appeal. The delay in filing the appeal was bonafide and thus, the delay deserves to be condoned.
(2.) IT is relevant to record that the learned counsel for the appellant is required to explain each day's delay in filing the restoration application. The appeal came to be dismissed on 25.11.2010 for non compliance of the per -emptory order dated 27.10.2010. Thereafter the learned counsel never made any effort to ascertain as to what happened to the case when it was not listed for a long period of 216 days. This clearly shows that the counsel was not at all interested in prosecuting the appeal. Otherwise too, the negligence of the counsel to such a great limit that he did not bother to find out the status of the appeal for quite a long time cannot be permitted to be encouraged by allowing the application. Learned counsel has utterly failed to assign sufficient cause and give reasonable explanation in filing the restoration application after 216 days of the expiry of period of limitation. Hence, on account of there being no sufficient cause and reasonable explanation, I do not find any reason to condone the delay of 216 days and thus, the application U/s. 5 of the Limitation Act deserves to be dismissed, which stands dismissed accordingly. Consequent upon the dismissal of application under Section 5 of Limitation Act, the restoration application does not survive and that also stands dismissed.;