2019 APEX COURT DIGEST-VOL-1
6. Order 41 Rule 19 C.P.C. applicants are seeking restoration of the appeal.- The regular second appeal was dismissed for non-prosecution – the restoration application was dismissed by the High court – The High Court, however, without entering into the reasons given for recall of the order, dismissed the application on the ground that order dated 18.1.2000 passed by the High Court directing the appellant to furnish security of the
mesne profit to the expenditure of the executing court was not complied with. – Apex court held that The appellant had given ample reasons in the application for recall of the order which were not adverted to by the High Court and the applications were dismissed for non-compliance
of the order dated 11.5.2010. -The learned counsel for the appellant is ready to furnish the entire amount of security of the mesne profit upto date before the Executing Court within a period of six weeks from today. In view of the above, we are of the view that the orders dated 11.5.2010 and 26.8.2010 be set aside and the appeal is restored to its original number. The appellants shall furnish the security of the mesne profit upto date within six weeks from today before the Executing Court.