MCC No. 554 of 2008 CLMA No. 2964 of 2008 IN SA No. 612 of 2001 Hon'ble Prafulla C. Pant, J. Heard Sri B.N. Molekhi, learned counsel for the appellant. This is Application No. 2964 of 2008, for condonation of delay in moving the Restoration Application No. 554 of 2008, for restoration of Second Appeal No. 612 of 2001 (Old No. 2904 of 1987). This Second Appeal was filed in the year 1987 before Allahabad High Court. It appears that in the year 1998, a substitution application along with condonation of delay application was moved due to the death of sole appellant Ram Lal. Said application was barred by time and another application was moved on behalf of opposite party / respondent in the year 1999 before Allahabad High Court for dismissing the appeal as abated. Said applications were pending at the time when this appeal was transferred from Allahabad High Court to this Court. This Court vide its order dated 22.05.2004 dismissed the appeal as abated, as the sole appellant had died and no-one pressed the application for substitution on behalf of the appellant. Before said order was passed due notices were sent to the parties concerned. Said order was got recalled by the applicants on 11.06.2004 by moving Application No. 2789 of 2004. However, the applicants remained absent again and there was none to press the applications moved before Allahabad High Court. Again on 21.10.2005 no-one appeared on behalf of the applicants to press the applications (moved before Allahabad High Court) though the applicants had engaged their counsel and in the circumstances the appeal was dismissed in default. Once again an application was moved on behalf of the applicants in December 2005 for restoration of the appeal, but again on 24.03.2006 no-one appeared on behalf of applicants and as such keeping in view the principle of law laid down in Madan Naik Vs. Hansa Bala AIR 1983 S.C. 676 and Mahant Niranjandas Vs. Shiromani Gurudwara A.I.R. 1992 S.C. 492, the restoration / recall application was rejected by this Court. Now after two years of said order again application No. 554 of 2008 for restoration of the appeal has been moved along with Delay Condonation Application No. 2964 of 2008. I have gone through the affidavit of Praveen Puri, filed in support of the delay condonation application and I am not satisfied that the delay is explained. I see no sufficient reason to recall the order dated 24.03.2006. The Delay Condonation Application No. 2964 of 2008 and Restoration Application No. 554 of 2008 are hereby dismissed. (P.C.P.,J.) 02.06.2008 NS