The court allowed an application for reconstitution of a missing file in a miscellaneous civil appeal regarding a workman compensation claim. The appeal was subsequently dismissed as withdrawn by the appellant with liberty to apply.
1. File reconstituted. 2. Appeal dismissed as withdrawn with liberty to apply.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1265/2004
The New India Assurance Company Limited, Branch Office at Sikar, having its Regional Office at Nehru Place, Tonk Road, Jaipur through Regional Manager
----Appellant/Non-Claimant
Versus
----Respondent-Claimant
----Respondent- Non-Claimant
For Appellant(s) : Mr. Tripurari Sharma through VC For Respondent(s) :
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
27/01/2021
The matter comes up for orders on an application (IA No. 1/2021) filed by the applicant/appellant/non-claimant under Section 151 of the Code of Civil Procedure for reconstitution of the file.
Learned counsel for the applicant submits that the appellant/non-claimant filed Civil Misc. Appeal No. 1265/2004 against the judgment/award dated 10.05.2004 passed by Commissioner Workman Compensation, Sikar, by which the claim application filed by the claimant-respondent No.1 was partly allowed along with interest at the rate of 9% per annum. This Court after issuing notice to the respondents passed an order of
(2 of 2)
[CMA-1265/2004]
stay on 20.09.2004. Service of notice has since been effected upon the respondents. Learned counsel submits that the appeal was listed for hearing in the year 2017. Learned counsel further submits that the registered clerk attached with his office contacted in the office about the case file by which the office informed that the file is not traceable. Despite issuing of search slip, the file could not be traceable, as a result of which an application has been filed for reconstitution of the main file along with photocopy of the memo of the appeal, the stay application, affidavit thereof, certified copy of the impugned judgment and award as also the photocopy of the order dated 20.09.2004.
For the reasons stated in the said application, same is allowed. The Office is directed to reconstitute file of SB Civil Misc. Appeal No. 1265/2004 (The New India Assurance Company Limited vs. Nihal Singh and Anr.) subject to taking copy of the memo of appeal filed with the aforesaid application on record.
Learned counsel for the appellant -Insurance Company seeks permission of the Court to withdraw misc. appeal with liberty to apply for recalling the order so passed by the Court, on receiving notice of Appeal, if any, filed by the respondent-claimant/respondent-owner of the vehicle in question against the same award.
Permission as sought for is granted.
The civil misc. Appeal is accordingly dismissed as withdrawn with liberty as prayed for.
(GOVERDHAN BARDHAR),J
Ritu/9
2 issues framed by the court
Whether to allow an application for reconstitution of a lost file under Section 151 CPC
Whether to permit withdrawal of the miscellaneous civil appeal with liberty to apply
1 provisions across 1 enactments
The New India Assurance Company Limited
Nihal Singh
Kishan Lal
Goverdhan Bardhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
