The Rajasthan High Court allowed a restoration application to revive a civil miscellaneous appeal dismissed due to inadvertent non-compliance with a time-bound order for removing defects in the filed appeal.
Restoration of S.B. Civil Misc. Appeal No.4869/2017 and recall of orders dated 30.10.2017 and 21.03.2018.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Restoration Application No. 390/2018
In
S.B. Civil Misc. Appeal No.4869/2017
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr.Baboo Lal Dhakar, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
05/10/2021
The matter comes up on the misc. restoration application for restoring S.B. Civil Misc. Appeal No.4869/2017.
(2 of 2)
[CRES-390/2018]
Learned counsel for the applicant submitted that peremptory order dated 30.10.2017 was passed by this Court giving two weeks time to remove the defects pointed out by the Registry.
Learned counsel submitted that inadvertently compliance of the order could not be made within time and as such, Deputy Registrar (Judicial) dismissed the appeal on 21.03.2018.
Learned counsel for the applicant submitted that nonappearance of the counsel was not intentional and appellant wants to prosecute the remedy provided under the law.
For the reasons mentioned in the application, the same is allowed. The order dated 30.10.2017 and consequential order dated 21.03.2018 stand recalled.
Accordingly, the civil misc. appeal is restored to its original number.
(ASHOK KUMAR GAUR), J
Himanshu Soni/Parul/58
1 issue framed by the court
Whether S.B. Civil Misc. Appeal No.4869/2017 should be restored after non-compliance with a peremptory order due to inadvertent non-appearance of counsel?
Rameswar Dayal Varma
Smt. Mohini Devi
Anil Kumar
Jitendra Kumar
Kamlesh Kumar Joshi
Sandip Kumar
Ashok Kumar Gaur
As recorded by the court registry
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