Case Note & Summary
The case involved an application for restoration of a civil appeal that had been previously dismissed. The appellants, Estate Officer, U.T. Chandigarh and others, sought to restore their appeal against the respondents, Rajan Soi and others. The Supreme Court considered the delay in filing the application for restoration and ultimately decided to condone this delay. The court granted the restoration of the appeal but imposed a condition requiring the appellants to deposit a sum of Rs.3,000/- with the Supreme Court Employees' Mutual Welfare Fund within three weeks. The court indicated that if the deposit was not made, the earlier order dismissing the appeal would stand restored. The decision was made by a bench comprising Justice H.L. Dattu, with counsel for both sides present during the hearing. The court's order was signed and placed on file, reflecting its decision to allow the applications for restoration.
Headnote
A) Civil Procedure - Restoration of Appeal - Conditions for Restoration - Supreme Court of India, 2012 - The court condoned the delay in filing the application for restoration and granted the prayer for restoration of the appeal, subject to a monetary deposit. The court emphasized the necessity of the deposit to ensure compliance with the order, failing which the earlier order would be restored. Held that the conditions imposed were reasonable to facilitate the restoration process (Paras Not mentioned).
Issue of Consideration
Whether the application for restoration of the appeal should be granted.
Final Decision
The Supreme Court condoned the delay in filing the application for restoration and granted the restoration of the appeal, subject to the condition of depositing Rs.3,000/- with the Supreme Court Employees' Mutual Welfare Fund within three weeks.
Law Points
- Restoration of appeal
- Delay condonation
- Court's discretion
