D.N.PATEL, J. - (1.) This interlocutory application has been preferred under Section 5 of the Limitation Act for condonation of delay of 335 days in preferring this Civil Miscellaneous Petition. Reasons:-
(2.) Having heard learned counsels for both the sides and looking to the reasons stated in this interlocutory application, especially from paragraph 3 onwards, there are no reasonable reasons for condonation of delay. We, therefore, see no reason to entertain this interlocutory application for condonation of delay. Civil Review No. 115 of 2005 was dismissed tor default vide order dated 6th October 2015 and thereafter there is Long delay on the part of the petitioner in preferring this Civil Miscellaneous Petition without any justifiable reason. Lethargic approach of the petitioner cannot be the ground for condonation of delay.
(3.) The reasons stated in paragraphs 5, 6 and 7 of I.A. No. 1920 of 2017 in C.M.P. No. 472 of 2016 read as under:- "5. That it is further humbly stated that due to in advertence the list could be marked properly as all the names of advocates which were appearing in the cause list dated 06.10.2015 at page no. 2 are now no more attached to this Chamber and they are now independent practitioner. Photocopy of page no. 2 of cause list dated 06.10.2015 is annexed hereto marked as Annexure-1 -A forming part of this application. 6. That it is further humbly stated that in the main Civil Review application, no date was fixed for the hearing of this main Civil Review application, so the diary could be maintained. That several efforts had also been taken to know the exact date fixed for hearing from the registry and internet but however as no date was fixed for hearing, the exact date could be taken out. 7. That it is humbly stated and submitted that when petitioner approached us for enquiring his case detail and when the case details were taken out from internet, it was found that the matter was dismissed for non prosecution and immediately thereafter on the very same day the certified copy of the order dated 06.10.2015 was applied and procured on same day i.e. 04.10.2016. That after taking the instructions from petitioner, the instant Civil Miscellaneous Petition was filed on 06.10.2016 for restoration of main Civil Review No. 115 of 2005.";