- (1.) Having regard to the submission made in the application (CMCW No. 54/2014) for condonation of delay supported by the affidavit of counsel, we are satisfied that the delay in filing the restoration application had been for bonafide reasons and it shall be in the interest of justice to consider the restoration application on merits. Hence, the application for condonation of delay (CMCW No. 54/2014) is allowed. The delay in filing the restoration application is condoned.
(2.) Further, having regard to the submissions made in the application for restoration supported by the affidavit of counsel, we are satisfied that the default in appearance on 27.02.2013 had not been intentional; and it appears just, proper and in the interest of justice that the appeal (DB SAW No. 452/2012) alongwith the application filed therein under Section 5 of the Limitation Act beD.B. Civil Writ Restoration Application No.30/2014
(3.) In D.B. Civil Special Appeal (Writ) No.452/2012 Shri Akhil Bhartiya Varshiya Sadhu Margi Jain Sangh VsUrban Improvement Trust, Udaipur restored to the original number. Hence, this restoration application is allowed. SAW No. 452/2012 is ordered to be restored to its number. Yet further, having regard to the facts and circumstances, we have also heard the learned counsel for the appellant on the application under Section 5 of the Limitation Act, moved in the appeal; and in the circumstances of the case, while ignoring a short delay of about 20 days, have further heard the counsel on merits of the case and have perused the material placed on record.;