This order allows a time-barred restoration application for a civil appeal, condoning the delay as per Section 5 of the Limitation Act, and restores the appeal to its original number for listing.
Application under Section 5 of Limitation Act allowed; delay condoned; appeal restored and listed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Civil Restoration No. 152/2018
Smt. Santoshi Devi
----Petitioner
Versus
Gopal Lal And Ors.
----Respondent
| For Petitioner(s) | : Mr. SandeepSaruparia |
|---|---|
| For Respondent(s) | : Mr. Jagdish Vyas |
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order
24/04/2023
This restoration application has been filed by the applicant for restoration of SB Civil Misc. Appeal No. 146/2003 which stands dismissed in terms of the peremptory order dated 4.12.2012 on 11.1.2013. The restoration application is time barred and an application seeking condonation of delay has also been filed.
Learned counsel for the respondent submits that he has no objection if the restoration application is allowed while condoning the delay.
Accordingly, the application under Section 5 of the Limitation Act is allowed. Delay in filing restoration application is condoned.
The restoration application is allowed and it is directed that the SB Civil Misc. Appeal No. 146/2003 be restored to its original number.
List the appeal on 10.5.2023.
(YOGENDRA KUMAR PUROHIT),J
27-Arti/-
1 issue framed by the court
Whether delay in filing a restoration application can be condoned under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Smt. Santoshi Devi
Gopal Lal And Ors.
Yogendra Kumar Purohit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
