Full Judgment
M.C.C.No.234/13 26-04-2013 Heard Shri Devesh Khatri, learned counsel for applicant on I.A.No.4492/13 for condonation of delay in filing the application for restoration which is supported by an affidavit of the learned counsel for the applicant.
The application is allowed for the reasons mentioned therein.
Also heard on the application for restoration of MCC No.1478/12.
It is submitted by the learned counsel for the applicant that the applicant being a poor person could not deposit the cost of Rs.2000/- within the stipulated period as directed by this court on 02.01.2013 in MCC No.1478/12 as a result of which M.A.No.1597/06 could not be restored to its original number.
It is submitted by the learned counsel for the applicant that the amount has been deposited on 08.02.2013.
The application is supported by an affidavit of the applicant and as the reasons stated therein appear to be bona fide, the application for restoration is allowed.
The impugned order dated 02.01.2013 passed in MCC No.1478/12 is recalled and M.A.No.1597/06 is directed to be restored to its original number.
M.C.C.stands allowed accordingly.
A copy of this order be placed in the record of M.A.No.1597/2006 C.C.as per rules.
(R.S.Jha) Judge msp