The High Court of Rajasthan dismissed a civil restoration petition filed by an appellant who failed to appear and file necessary documents despite multiple court adjournments, treating the application as abandoned due to lack of prosecution.
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 AT
JODHPUR.
..
S.B. Civil Restoration Petition No. 83 / 2015.
IN
S.B. Civil First Appeal No. 325/2014.
Hemant Kumar Gupta S/o Late Devi Sahay Ji Gupta, Aged Major, Resident of 25, Aishwarya Vila, Ratneshwar Colony, Garh Magri, Shobhagpura, Udaipur (Raj.)
----Petitioner/Appellant/Plaintiff
Versus
All residents of 10, Nakoda Provision Store, Beneath Ganesh Apartment, Samta Nagar, Bedla, Udaipur (Raj.)
----Respondents/Defendants
For Petitioner(s) :
None present.
(2 of 2)
[CRES-83/2015]
JUSTICE DINESH MEHTA Order
03/05/2018
The present Restoration Application had been filed by the petitioner on 17.08.2015, wherein notices had been on 16.11.2015. Thereafter, the petitioner has not cared to file the requisite PF and Notices, despite the time granted by the Court on 20.12.2016, 18.07.2017, 13.11.2017 and 06.12.2017.
It is to be noticed that on such dates, when the case was taken up by the Court, the petitioner, who had filed the present restoration application in-person and had appeared before the Court in-person on 16.11.2015, had chosen not to appear.
It is thus clear that the petitioner has lost interest in pursuing and prosecuting the present restoration application.
The restoration application is, therefore, dismissed for want of prosecution.
(DINESH MEHTA), J.
/Mohan/63
1 issue framed by the court
Whether to restore a first appeal that has been left without prosecution by the petitioner for multiple hearings.
Hemant Kumar Gupta
Smt. Manju Mehta
Yugal Mehta
Jay Mehta
Mahaveer Mehta
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
