Khinvraj v. Baldev Ram
Case brief
What is this about?
Single judge order allowing conversion of a non-maintainable restoration application under Order XXXIX CPC into an application under Section 151 CPC in the interest of justice.
What did the court decide?
Application converted into a restoration application under Section 151 CPC; cause title to be amended; matter listed on 12.10.2023.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Misc. Application No. 26/2020
Khinvraj
----Petitioner
Versus
Baldev Ram
----Respondent
For Petitioner(s) : Mr. Jitendra Chopra
HON'BLE MS. JUSTICE REKHA BORANA
Order
05/10/2023
The present application has been filed with a prayer for restoration of the Civil Second Appeal which was dismissed for non-prosecution on 26.08.2019.
Admittedly, an application under Section 151 of the Code of Civil Procedure for restoration of an appeal cannot be said to be maintainable. In the overall facts and circumstances and in the interest of justice, let the present application be converted into a restoration application.
Issues for consideration
1 issue framed by the court
Whether an application for restoration of a dismissed appeal under Section 151 CPC is maintainable.
Parties & counsel
- applicant
Khinvraj
- respondent
Baldev Ram
Coram
Rekha Borana
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · October
- Registered
- Case no.
- CMAP/26/2020
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