Mohan Lal v. Sukhpal
Case brief
What is this about?
In a civil restoration matter, the High Court of Rajasthan addressed the dismissal of a second appeal for non-prosecution. The Court allowed the restoration application and condoned the delay, rejecting the respondent's objections regarding service of notice.
What did the court decide?
Restoration of S.B. Civil Second Appeal No.35/2012 to its original number at the cost of Rs.10,000/- deposited in the Litigants Welfare Fund.
What the court decided
[2023:RJ-JD:22246]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Restoration No. 7/2018
Mohan Lal S/o Ramnath, By Caste- Meena, R/o Village Uncha, Tehsil Jahajpur, District Bhilwara.
----Petitioner
Versus
Sukhpal S/o Devi Lal Ji Meena, R/o Village Uncha, Tehsil Jhajpur, District Bhilwara.
----Respondent
| For Petitioner(s) | : Mr. |
SanjayNahar |
|---|---|---|
| For Respondent(s) | : Mr. |
Nikhil Ajmera for |
| Mr. | SandeepSaruparia |
HON'BLE MS. JUSTICE REKHA BORANA Order
19/07/2023
- The present restoration application has been preferred against the order dated 03.11.2015 whereby the second appeal as preferred by the appellant was dismissed for non-prosecution. An application under Section 5 of the Limitation Act has also been preferred for condonation of delay in preferring the present restoration application.
Issues for consideration
2 issues framed by the court
Whether the delay in filing the restoration application of the second appeal be condoned under Section 5 of the Limitation Act.
Whether the restoration application be allowed in the interest of justice.
Parties & counsel
- petitioner
Mohan Lal S/o Ramnath
- respondent
Sukhpal S/o Devi Lal Ji Meena
Coram
Rekha Borana
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · July
- Registered
- Case no.
- CRES/7/2018
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