Partly allowed

Ramesh Chand Bhargava Son of Late Sh. Dr. Ramesh Prasad Bhargava, v. Suresh Chand Bhargava Son of Late Manohar Lal Bhargava

Rajasthan HC12 Oct 2023CRES/18/2013

Case brief

AI extract

What is this about?

The High Court of Rajasthan conduced a 30-day delay in filing a restoration application under Section 5 of the Limitation Act and ordered the restoration of First Appeal No.85/2005.

What did the court decide?

Restoration of First Appeal No.85/2005 at its original number subject to deposit of Rs.2,000/-.

What the court decided

Ramesh Chand Bhargava Son of Late Sh. Dr. Ramesh… — Execution and Attachment | Rajasthan HC (2023)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Restoration Application No. 18/2013

¶3

Ramesh Chand Bhargava Son Of Late Sh. Dr. Ramesh Prasad Bhargava, Resident Of H.no. 11/90, Manohar Kala Bhawan, Behind Bijalighar, Brahampuri, Ajmer.

¶4

1/1. Rakesh Bhargav Son Of Latedr. Ramesh Prasad Bhargava, Son Of Late Sh. Ramesh Chand Bhargava, Resident Of H.no. 11/90, Manohar Kala Bhawan, Behind Bijalighar,brahampuri, Ajmer.

¶5

1/2. Pawan Bhargava Son Of Late Sh. Ramesh Prasad, Son Of Late Sh. Ramesh Chand Bhargava, Resident Of H.no. 11/90, Manohar Kala Bhawan, Behind Bijalighar,brahampuri, Ajmer.

¶6

1/3. Pradeep (Proforma Defendant), Son Of Late Sh. Ramesh Chand Bhargava, Resident Of H.no. 11/90, Manohar Kala Bhawan, Behind Bijalighar,brahampuri, Ajmer.

¶7

Rakesh Bhargava Son Of Late Sh. Ramesh Chand Bhargava, Resident Of H.no. 11/90, Manohar Kala Bhawan, Behind Bijalighar, Brahampuri, Ajmer.

¶8

----Petitioners

¶9

Versus

¶10

Suresh Chand Bhargava Son Of Late Manohar Lal Bhargava, Resident Of S.b. 59, Subhash Nagar, Near Peetal Factory, Mandir Marg, Shastri Nagar, Jaipur.

¶11

Nirmla Bhargava, (Deceased0 Through Her Legal Representatives-

¶12

2/1. Rajesh Bhargava Son Of Late Sh. Mahesh Chand Bhargava, Resident Of 50/62, Rajat Path, Mansarovar, Jaipur.

¶13

2/2. Manoj Bhargava Son Of Late Sh. Mahesh Chand Bhargava, Resident Of 60/47, Rajat Path, Mansarovar, Jaipur.

¶14

2/3. Smt. Babita Bhargava Wife Of Raghav Bhargava, Resident Of House No. 1154, Subhash Chowk, Chankaya Marg, Jaipur.

¶15

2/4. Smt. Suman Bhargava Wife Of Ram Babu Bhargava, Resident Of Badariya Bari, Munsi Bazar, Alwar (Raj.).

¶16

Smt. Sita Devi Wife Of Late Shri Ganpat Lal Agarwal,

¶17

(2 of 3)

¶18

[CRES-18/2013]

¶19

Resident Of 11/90, Bhagirath Bhawan, Behind Power House, Brahampuri, Ajmer.

¶20

Ganpat Lal Garg, (Deceased) Through His Legal Representatives-

¶21

4/1. Smt. Sita Devi Wie Of Late Ganpat Lal Garg, Resident Of 11/40. Bhagirath Bhawan, Brahampuri, Ajmer.

¶22

4/2. Sh. Indira Mohan Agrawal Son Of Late Ganpat Lal Garg, Resident Of 11/40. Bhagirath Bhawan, Brahampuri, Ajmer.

¶23

4/3. Sh. Murlidhar Agrawal Son Of Late Ganpat Lal Garg, Resident Of 11/40. Bhagirath Bhawan, Brahampuri, Ajmer.

¶24

4/4. Lalita Agrawal Daughter Of Late Ganpat Lal Garg, Resident Of 11/40. Bhagirath Bhawan, Brahampuri, Ajmer.

¶25

4/5. Alka Agrawal Daughter Of Late Ganpat Lal Garg, Resident Of 11/40. Bhagirath Bhawan, Brahampuri, Ajmer.

¶26

Indira Mohan Agrawal Son Of Late Shri Ganpat Lal Agrawal, Resident Of 11/90, Bhagirath Bhawan, Behind Power House, Brahampuri, Ajmer.

¶27

Murlidhar Agrawal Son Of Late Shri Ganpat Lal Agrawal, Resident Of 11/90, Bhagirath Bhawan, Behind Power House, Brahampuri, Ajmer.

¶28

Pradeep Kumar Bhargava Son Of Late Sh. Ramesh Prasad Bhargava, Resident Of H.no. 11/90, Behind Power House, Brahampuri, Ajmer.

¶29

----Respondents

¶30

For Petitioner(s)	: Mr. M. M. Ranjan, Senior Adv. assisted
	by Mr. Rohan Agarwal, Adv.
For Respondent(s)	: None Present

¶31

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

12/10/2023

[CRES-18/2013]

(3 of 3)

Application under Section 5 of Limitation Act is allowed for the reasons mentioned therein and the delay of 30 days in filing the restoration application is condoned.

¶37

Having regard to the submissions made in the restoration application, the same is allowed and S. B. Civil First Appeal No.85/2005 is ordered to be restored at its original number, subject to deposition of Rs.2,000/- by the petitioners with the Rajasthan State Legal Services Authority and filing a receipt thereof in the registry within two weeks from today.

¶38

(NARENDRA SINGH DHADDHA),J

¶39

Gourav/20

Ramesh Chand Bhargava Son of Late Sh. Dr. Ramesh Prasad Bhargava, v. Suresh Chand Bhargava Son of Late Manohar Lal Bhargava

Case brief

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Ramesh Chand Bhargava Son of Late Sh. Dr. Ramesh Prasad Bhargava, v. Suresh Chand Bhargava Son of Late Manohar Lal Bhargava

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