Case Law Details
In view of the settled legal position as enunciated by the Supreme Court in Puran Singh (supra) and Smt. Sudama Devi (supra), it is not permissible to argue to the contrary that provisions of the Code of Civil Procedure, 1908 (CPC) or Limitation Act, 1963 would apply in proceedings under Article 226 of the Constitution of India. By the same analogy, if these two enactments do not apply in the parent proceedings under Article 226, any application in the nature of restoration or review or modification of any order passed in exercise of power under Article 226 & 227 of the Constitution of India would not be treated to be barred by limitation merely because it is moved beyond the period of 30 days from the date of the order.
———————————————————-
1. This is an application for restoration of WPS No. 1501 of 2015, which was dismissed for want of prosecution for non compliance of the peremptory order passed by this Court on 29.04.2015 directing that if the petitioner fails to pay the process fee, as per rules, the petition shall stand dismissed automatically without reference to the Court.
2. The Registry has recorded office note on 28.07.2015 to the effect that the applicant (for brevity ‘the petitioner’) having failed to comply the condition imposed in the peremptory order the case is treated as dismissed for non compliance of the Court order dated 29.04.2015.
3. The MCC was filed on 04.08.2016 without any application for condonation of delay, therefore, the matter was posted for orders on default of not filing application for condonation of delay in moving the restoration application.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
