Civil Restoration Application allowed condonation of delay under Section 5 Limitation Act for Order 22 applications. Abatement set aside; legal representatives substituted. Second appeal restored to original number and listed next.
Delay condoned; abatement set aside; legal representatives substituted; second appeal restored and listed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Restoration Application No.12/2010
Ram Narayan
----Petitioner
Versus
Birdhi Chand Lakhotiya & Ors.
----Respondent
For Petitioner(s) : Mr.M.C. Jain, Mr.Ankit Jain. For Respondent(s) : Mr.Bhrigu Sharma, Mr.V.K. Singh.
For Respondent(s) : Mr.Bhrigu Sharma,
HON'BLE MR. JUSTICE ALOK SHARMA
Order
16/01/2018
The application under Section 5 of the Limitation Act for condonation of delay in filing the application under Order 22 Rule 4 CPC is allowed for the reasons mentioned therein and delay in filing the application under Order 22 Rule 4 CPC is condoned.
The applications under Order 22 Rule 4 as also under Order 22 Rule 9 CPC are also allowed for the reasons stated therein. Abatement is set aside and legal representatives of deceased respondent no.2 as set out in Para 4 of the application are substituted in his place as respondent no.2/1 to 2/5.
Amended Cause title filed is defective. Let it be filed afresh. When so done it be taken on record.
Mr.Bhrigu Sharma states that he has already filed vakaltnama on behalf of legal representatives of respondent no.2.
(2 of 2)
[CRES-12/2010]
Heard on restoration application. For the reasons stated it is allowed. Registry is directed to restore the second appeal to its original number.
List the second appeal as a first case on 18.01.2018.
(ALOK SHARMA)J.
Karan/55
3 issues framed by the court
Whether delay in filing application under Order 22 Rule 4 CPC should be condoned under Section 5 Limitation Act.
Whether abatement should be set aside and legal representatives substituted as respondents.
Whether the second appeal should be restored to its original number.
3 provisions across 2 enactments
Ram Narayan
Birdhi Chand Lakhotiya & Ors.
ALOK SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
