Pending D.B. Civil Restoration Application for restoration of a dismissed civil miscellaneous appeal. Registry noted that defects pointed out in the original appeal no longer exist based on a prior order. Application allowed and matter restored.
D.B.C.M.A. No.673/2019 is restored to its original number.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Restoration Application No. 390/2019
Anita D/o Raghuveer Singh W/o Bhupendra, aged about 28 Years, B/c Jat, R/o Village Haldina, Tehsil Malakheda, District Alwar, Rajasthan.
----Petitioner
Versus
Bhupendra S/o Nemichand, B/c Jat, R/o Village Sumel, Post Pala, Tehsil Malakheda, District Alwar, Rajasthan.
----Respondent
For Petitioner(s) : Mr. Gajendra Singh Rathore.
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
10/02/2020
This restoration application has been filed by the applicant for restoration of D.B.C.M.A. No.673/2019, which stands dismissed in terms of peremptory order dated 19.07.2019.
Learned counsel appearing for the applicant submits that on account of inadvertent error on his part, the defects could not be removed within the stipulated time.
It is noticed that the defects pointed out by the Registry in the appeal filed does not survive in view of order dated 06.02.2020 passed by this Court in DBCMA No.6482/2019.
In this view of the matter and in the interest of justice, the restoration application is allowed. The misc. appeal is restored to its original number.
(MAHENDAR KUMAR GOYAL),J
(SANGEET LODHA),J
18-DJ/-
1 issue framed by the court
Whether a civil matter dismissed due to defects in appeal deserves restoration where registry defects no longer survive.
Anita D/o Raghuveer Singh W/o Bhupendra
Bhupendra S/o Nemichand
Sangeet Lodha
Mahendar Kumar Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
