A single bench of the Rajasthan High Court at Jaipur allowed condonation of a 60-day delay in filing a restoration application under Section 5 of the Limitation Act. The court took on record a receipt proving maintenance payments were made.
Delay condoned; order of 19.12.2017 recalled; civil appeal restored to original number.
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
D. B. Civil Misc. Restoration Application No. 187/2018
In
D.B. Civil Misc. Appeal No. 168/1998
Narendra Bahadur Bhandari S/o Late Shri Veer Bahadur Singh Bhandari, R/o Sadar Bajar, Kishangarh City, Distt. Ajmer.
----Petitioner
Versus
Smt. Heeramani Bhandari Alias Kamla W/o Shri Narendra Bahadur Bhandari D/o Late Shri Fateh Singh Me, C/o Shri Keshar Singh Mehta, Marble Emporium, Outside Railway Station, Makrana Distt. Nagaur.
----Respondent
For Petitioner(s) : Mr. Peush Nag. For Respondent(s) : Mr. Harsh Sharma on behalf of Mr. Anil Mehta.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
06/08/2019
There is delay of 60 days in filing of the restoration application.
Application No. 1252/2018 under Section 5 of the Limitation Act has been filed seeking condonation of delay in filing of the restoration application.
For the reasons mentioned in the application, the same is allowed. Delay in filing of the restoration application is condoned.
(2 of 2)
[CRES-187/2018]
This restoration application has been filed seeking recall of order dated 19.12.2017 and restoration of D.B. Civil Misc. Appeal No. 168/1998 to its original number.
This Court on the last date of hearing required learned counsel for the applicant to verify whether arrears of the maintenance have been paid to the respondent.
Learned counsel for the applicant has produced a receipt showing that the maintenance @ Rs. 3,000/- per month up to November, 2019 has been paid to the respondent.
The receipt aforesaid is taken on record.
For the reasons mentioned in the restoration application, the same is allowed. Order dated 19.12.2017 is recalled and D.B. Civil Misc. Appeal No. 168/1998 is restored to its original number.
(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J
MANOJ NARWANI /11
2 issues framed by the court
Whether to condone a delay of 60 days in filing a restoration application under Section 5 of the Limitation Act.
Whether arrears of maintenance decreed in the restored appeal have been paid.
1 provisions across 1 enactments
Narendra Bahadur Bhandari
Smt. Heeramani Bhandari Alias Kamla
Mohammad Rafiq
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
