Single judge allowed a civil restoration application for default dismissed appeal. Held that the application was within limitation and restored the appeal to its original number.
Restoration of S.B. Civil Misc. Appeal No.2959/2019 to its original number.
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. 154/2022
In
S.B. Civil Misc. Appeal No.2959/2019
----Applicants/Appellants
Versus
----Respondents
For Petitioner(s) : Mr. Chain Singh Rathore
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order
18/01/2023
Learned counsel for the applicants/appellants has filed this restoration application under Order 41 Rule 19 of CPC for restoration of S.B. Civil Misc. Appeal No.2959/2019 which has been dismissed in default for non-appearance by the coordinate Bench of this Court vide order dated 19.10.2022.
(2 of 2)
[CRES-154/2022]
Heard. Perused the application.
Looking to the facts mentioned in the application and the fact that application is within limitation, the same is allowed and the S.B. Civil Misc. Appeal No.2959/2019 is restored to its original number.
(CHANDRA KUMAR SONGARA),J
Satyendra/7
1 issue framed by the court
Whether the civil appeal dismissed in default can be restored within the limitation period.
1 provisions across 1 enactments
Kailash S/o Late Shri Harji
Mukesh S/o Late Shri Harji
Smt. Vimla D/o Late Shri Harji
Hanuman Singh S/o Shri Shrawan Singh
United India Insurance Company Limited
CHANDRA KUMAR SONGARA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
