High Court at Jaipur allowed condonation of 249-day delay for restoration of S.B. Civil Second Appeal No.717/2017, dismissed in absence of appellants, and restored it for admission.
Restoration of S.B. Civil Second Appeal No.717/2017 allowed for admission after four weeks; delay condoned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Restoration Application No.70/2019
IN
S.B. Civil Second Appeal No.717/2017
Banshi Das S/o Shri Baldas, R/o Village Tabiji, Tehsil And District Ajmer (Deceased Through Lrs)-
----Plaintiffs-Appellants
Versus
Narayan Das S/o Shri Baldas, R/o Vill. Tabiji, Tehsil And District Ajmer.
----Respondents-Defendants
(2 of 2)
[CRES-70/2019]
For Petitioner(s) : Mr. Kartar Singh Faujdar For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
19/07/2022
Learned counsel for appellants submits that second appeal was dismissed due to non-compliance of preemptory order dated 04.01.2018 at admission stage.
The appeal was dismissed in absence of appellants however, when appellants came to know about dismissal of appeal, the restoration application has been filed. Since there is delay of 249 days in filing the restoration application, a separate application under Section 5 of Limitation Act has also been filed.
For reasons mentioned in the application for condonation of delay, the same is allowed. Delay is condoned.
For reasons mentioned in the restoration application, the same is also allowed.
S.B. Civil Second Appeal No.717/2017 is restored to its original number and listed for admission after four weeks.
(SUDESH BANSAL),J
SAURABH/89
1 issue framed by the court
Whether the delay of 249 days in filing a restoration application is condonable in improvident dismissal of a second appeal.
1 provisions across 1 enactments
Banshi Das S/o Shri Baldas (Rep. through Lrs) & Ors
Narayan Das S/o Shri Baldas & Ors
Sudes Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
