The single judge allowed the condonation of delay in filing a restoration application under Section 5 of the Limitation Act. The first appeal was restored to its original number after noting that it was previously dismissed for non-filing of requisites.
Condonation of delay allowed; restoration of appeal to original number ordered; time granted to file requisites.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Restoration No. 85/2020
----Petitioners Versus
----Respondents
| For Petitioner(s) | : Mr. |
B.S. Sisodia. |
|---|---|---|
| For Respondent(s) | : Mr. |
R.S. Gill. |
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
27/01/2021
(2 of 2)
[CRES-85/2020]
Heard learned counsel for the parties on application filed by the applicant under Section 5 of the Limitation Act for 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.
For the reasons indicated in the application, the same is allowed.
S.B. Civil First Appeal No.510/2017 is restored to its original number.
The appeal was dismissed for non-filing of requisites for respondents No.7 & 8.
The same may now be filed within a period of three weeks.
(ARUN BHANSALI),J
9-pradeep/-
2 issues framed by the court
Whether the condonation of delay in filing the restoration application under Section 5 of the Limitation Act is allowed.
Whether the civil appeal must be restored to its original number for hearing.
Shayari Devi W/o Late Sh. Thakardas
Ranveer S/o Late Sh. Thakarram
Pappu S/o Late Sh. Thakarram
Patwari S/o Late Sh. Thakarram
Om Prakash S/o Late Sh. Thakarram
Ram Swaroop S/o Late Sh. Thakarram
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
