1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 1271/2009 (Guruprasad Sarju Murai VERSUS Mohd. Rizwanulhaque Mohd. Mobinul Haque & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Chandurkar, counsel for the petitioner. Shri Rashid A. Haque, counsel for the respondents. CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 17, 2009. Heard the learned counsel for the parties. By this petition, the petitioner impugns the order passed by the Joint Civil Judge (Junior Division), Akola on 30.11.2008 allowing an application filed by the respondent for restoration of Regular Civil Suit No. 105/2002, which was dismissed by the Court on 18.11.2005. The first submission, made on behalf of the petitioner, that the application was not filed within the prescribed period of limitation and was also not supported by an application for condonation of delay in filing the application, is liable to be rejected as the trial Court has rightly observed that the period of limitation 2 for filing the application was 30 days and as the 30th day was a Sunday, the application was rightly filed on Monday and the same could not have been said to have been filed beyond the period of limitation. The second submission made on behalf of the petitioner that all the parties were not joined to the civil application and, therefore, the prayer made in the civil application could not have been granted, is also liable to be rejected as the trial Court has rightly found that the application was tenable in the form in which it was made. In the result, the petition fails and is dismissed with no order as to costs. JUDGE APTE