IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 RSA.No. 878 of 2008 --------------------------------- IA.2625/2007 IN AS.71/2006 of II ADDL.DISTRICT COURT, ERNAKULAM OS.1197/2002 of I ADDL. MC, ERNAKULAM .................... APPELLANT/APPELLANT/DEFENDANT: M/S SPECTRUM SOFTECH SOLUTION (P) LTD., MAHAKAVI G. ROAD, KOCHI -11. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) RESPONDENT/RESPONDENT/PLAINTIFF:- V.S. CHACKO, S/O LATE KURUVILA SCARIA, VATTAKKAVAYALIL HOUSE, PAMPADY P.O., KOTTAYAM. THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DEAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- R.S.A.No.878 of 2008 -------------------------- JUDGMENT This Regular Second Appeal has been filed by the defendant in O.S.No.1197/02 on the file of the Munsiff's Court, Ernakulam, who was the appellant in A.S.No.71/06 on the file of the II Additional District Court, Ernakulam. All the same, this Regular Second Appeal is filed assailing the order on I.A.No.2625/07, an application filed under Section 5 of the Limitation Act to condone the delay of 314 days in filing I.A.No.2624/07, which in turn, is an application to restore I.A.No. 544/06. I.A.No.544/06 was an application under Section 5 of the Limitation Act to condone the delay of 797 days in filing A.S.No.71/06 and that was dismissed as no steps were taken despite repeated adjournments. Consequently, the appeal was also dismissed as early as on 22.7.2006. This Regular Second Appeal being against the order on RSA 878/08 2 I.A.No.2625/07 filed under Section 5 of the Limitation Act to condone the delay of 314 days in filing I.A.No.2624/07, which is an application to restore I.A.No.544/06, no second appeal will lie. This Regular Second Appeal is, hence, dismissed without prejudice to the appellant resorting to other remedies, if any, available to it under law. 11th March, 2009 (K.P.Balachandran, Judge) tkv