The High Court condoned the delay in filing a restoration application under Section 5 of the Limitation Act. The first appeal in the matter was restored to its original number, and notice filing was directed.
Delay condoned; first appeal restored to original number; notices permitted to be filed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Restoration No. 18/2018
----Petitioners
Versus
Balu Ram Khateek S/o Shri Raghu Nath Khateek, Retired Principal, Resident Of Khateek Mohalla, Chittorgarh, At Present Residing At Plot No. 71, Sector No. 4, Gandhinagar, Chittorgarh.
----Respondent
For Petitioner(s) : Mr. Deepak Jangid for Mr. Hemant Choudhary For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI Order
17/02/2021
Heard learned counsel for the applicant.
An application has been filed under Section 5 of the Limitation Act seeking condonation of delay in filing the restoration application.
For the reasons indicated in the application, the same is allowed. The delay in filing the restoration application is condoned.
Heard on restoration application filed by the applicant in S.B. Civil First Appeal No.17/2017.
(2 of 2)
[CRES-18/2018]
For the reasons indicated in the restoration application, the same is allowed, the appeal is restored to its original no.
The appeal was dismissed on account of non-filing of requisite notices on application filed under Section 5 of the Limitation Act in the appeal.
The notices may now be filed. On filing the same be issued.
(ARUN BHANSALI),J
16-Sachin/-
1 issue framed by the court
Whether the delay in filing the restoration application condonable under Section 5 of the Limitation Act.
1 provisions across 1 enactments
State Of Rajasthan And Others
Balu Ram Khateek
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
