In a restoration application against an order dismissing a second appeal in default, the High Court dismissed the application. The Court held the second appeal itself had no merit as it involved a meagre amount of Rs. 800-900 already paid, and found no need to interfere with the prior orders.
The present restoration application is dismissed.
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 AT JODHPUR
S.B. Civil Restoration No. 118/2011
Union Of India and Ors
----Petitioners
Versus
Shyam Singh and Ors.
----Respondents
| For Petitioner(s) | : Mr. Vivek Shrimali |
|---|---|
| For Respondent(s) | : Nonepresent |
HON'BLE MS. JUSTICE REKHA BORANA
Order
01/06/2023
[CRES-118/2011]
(2 of 2)
of Traveling Ticket Examiner and Ticket Collector. The said suit was dismissed and the appeal preferred against the same by the plaintiffs was allowed. In the second appeal preferred by the Union of India, during the course of hearing on the stay application, a statement was made on behalf of the respondent-plaintiffs that if the appeal of the Union of India succeeds, the respondents would not object the recovery of the amount paid to them qua the difference in pay scales. In view of the said statement made by the respondents, the stay application was rejected vide order dated 11.09.1886.
(REKHA BORANA),J
441-KashishS/-
2 issues framed by the court
Whether a second appeal dismissed in default years ago should be restored or dismissed on the ground of lack of merit.
Whether service on all respondents was required before deciding on a pending restoration application.
Union Of India
Shyam Singh
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
