The High Court at Jodhpur condoned a 32-day delay in filing a restoration application in a second appeal and restored the appeal to its original number and position, directing it to be listed after two weeks.
The restoration application is allowed; the second appeal is restored to its original number and position and listed after two weeks.
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S.B. Civil Restoration Application No.139/2014 in S.B. Civil Second Appeal No.2/2014 Laxmi Narayan Vs. Madan Gopal & Ors. Order dt: 28/01/2015
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
S.B. Civil Restoration Application No.139/2014
in
S.B. Civil Second Appeal No.2/2014
Laxmi Narayan Vs. Madan Gopal & Ors.
th DATE OF ORDER ::: 28 January 2015
P R E S E N T
HON'BLE Dr. JUSTICE VINEET KOTHARI
Mr. Sanjeet Purohit, for the applicant/appellant.
--
1. The present restoration application is reported to be 32 days time barred.
2. The second appeal, of which the restoration is sought, was dismissed vide the order dated 22.05.2014 passed by the Deputy Registrar (Judl.) of this Court in view of per-emptory order dated 23.04.2014 passed by a coordinate bench of this Court granting three weeks' time for doing the needful.
3. Having heard learned counsel for the applicant/appellant/defendant, the 32 days' delay occasioned in filing the present restoration application is condoned, and the restoration
S.B. Civil Restoration Application No.139/2014 in S.B. Civil Second Appeal No.2/2014 Laxmi Narayan Vs. Madan Gopal & Ors.
Order dt: 28/01/2015
2/2
application is allowed for the reason given in the restoration application. The second appeal is restored to its original number and position.
4. List the appeal after two weeks.
(Dr. VINEET KOTHARI), J.
DJ/89
1 issue framed by the court
Whether the 32 days' delay in filing the restoration application should be condoned.
Laxmi Narayan
Madan Gopal & Ors.
Vineet Kothari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
