1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5175 OF 2006 IN FIRST APPEAL NO.1164 OF 1997 IN B.C.C.C. SC SUIT NO.4228 OF 1982. L.B. Jude ....... Applicant Vs. Mrs. Emmanuel Carter & Ors. ....... Respondents Ms. S.R. Kadam i/by Suresh Gole, Advocate for Applicant Ms.Soniya Miskim h/for N.B. Shah for respondents. CORAM : Smt. R.P. SondurBaldota, J. Date : 26th March, 2010. P.C. : 1. This Civil Application is taken out for restoration of the First Appeal which was dismissed on 13th January 1998 for non-removal of office objections. The applicant also seeks condonation of delay of 6 years and 9 months in making application for restoration of the appeal. 2. The applicant contends that in the month of January, 1998, his advocate was not getting the High Court board as the board clerk of the advocate, one Mr. Sawant was indisposed. Consequently, the appeal went 2 unnoticed by the advocate and was dismissed. The application, however, neither refers to the nature of ailment of the clerk nor is any reliance placed upon the proof of ailment. It is next claimed that the order of dismissal was realised after detailed check up from the computer. The applicant does not specify the date of checking up of the computer. He also does not mention the person who checked the computer. Considering the gross and inordinate delay of 6 years and 9 months in filing the application for restoration of the appeal, it was necessary for the applicant to disclose in the application the date on which he learnt about dismissal of the First Appeal. In the absence of such disclosure, it must be held that the applicant has not made out any cause for condonation of delay in filing the application. The application discloses nothing but gross negligence on the part of the applicant in attending to the matter. The application also does not refer to the nature of objections raised by the office. 3. In the circumstances, the Civil Application is dismissed. (Smt. R.P. SondurBaldota, J)