Court condoned the delay in filing the restoration application under Section 5 of the Limitation Act. The S.B. Civil Misc. Appeal No.1607/2012 was restored to its original number. The petitioner was directed to remove defects within two weeks.
Delay condoned; Appeal No.1607/2012 restored to original number; defect removal directed within two weeks.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Restoration No. 28 / 2016
Leeladhar Swami
----Petitioner
Versus
Vali Khan & Ors.
----Respondent
_____________________________________________________ For Petitioner(s) : Mr. M.S. Soni. For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI Order
07/11/2017
Heard on application filed by the applicant under Section 5 of the Limitation Act seeking condonation of delay in filing the restoration application.
For the reasons indicated in the application, supported by affidavit, the same is allowed. The delay in filing the restoration application is condoned.
Heard on restoration application.
For the reasons indicated in the restoration application, supported by affidavit, the same is allowed. S.B. Civil Misc. Appeal No.1607/2012 is restored to its original number.
The appeal was dismissed on account of non-removal of defects pointed out by the office.
The defects be removed within a period of two weeks, failing which, the appeal shall stand dismissed without reference to the Court.
(ARUN BHANSALI)J.
sumit-11
3 issues framed by the court
Whether the condonation of delay in filing the S.B. Civil Restoration application is permissible.
Whether the impugned civil appeal be restored to its original number.
Whether the defects in the appeal be rectified within the specified time.
2 provisions across 2 enactments
Leeladhar Swami
Vali Khan
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
