The High Court of Rajasthan Bench at Jaipur restored Civil First Appeal No.896/2004, noting sufficient justification was offered for delay. The applicant must deposit Rs.1,000 with the Legal Services Authority within two weeks. Notice of appeal was issued to the respondent.
Civil First Appeal No.896/2004 restored; deposit of Rs.1,000 required within two weeks.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B.Civil Restoraton Application No. 507 / 2012
Vijay Kumar Bhatia
----Petitioner
Versus
Kamal Singh
----Respondent
For Petitioner(s) : Mr. Abhi Goyal Adv.
For Respondent(s) : Mr. Sudesh Bansal Adv.
HON'BLE MR. JUSTICE JAINENDRA KUMAR RANKA
Order
08/03/2017
Mr. Sudesh Bansal Adv. has put in appearance on behalf of the respondent No.1.
Service is treated as complete.
Application has been filed for recalling/restoration of the Civil First Appeal which was dismissed on account of non-compliance of per-emptory order passed by this Court.
After taking note of the submissions made, this Court find that sufficient justification has been offered for restoration.
Accordingly, the restoration application stands allowed and the Civil First Appeal No.896/2004 is restored to its original number, subject to depositing of Rs.1,000/- by the applicant with the Secretary, Rajasthan State Legal Services Authority within two weeks. If the intimation about deposit is received then let the
matter may come up immediately thereafter.
Let notice of appeal be issued to the respondent No.2, returnable within two weeks. Notice may be given ‘dasti’, if desired.
(JAINENDRA KUMAR RANKA)J.
S.Kumawat Jr. P.A.
1 issue framed by the court
Whether the restoration application for the Civil First Appeal should be allowed on account of sufficient justification offered despite dismissal on non-compliance with a peremptory order.
Vijay Kumar Bhatia
Kamal Singh
Jainendra Kumar Ranka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
