Dismissed

The Union of India and Ors. v. Smt Rukmani Devi and Ors.

Rajasthan HC1 May 2023CRES/32/2018

Case brief

AI extract

What is this about?

Hon'ble High Court at Jaipur dismissed a civil restoration application seeking restoration of S.B. Civil Miscellaneous Appeal No.3304/2006. The court held no ground was made out for restoration as the appellants failed to comply with a peremptory order dated 13.08.2015 despite several adjournments.

What did the court decide?

S.B. Civil Restoration Application No. 32/2018 and other pending civil applications are dismissed and disposed of.

The Union of India and Ors. Vs Smt Rukmani… — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023/RJJP/008859]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Restoration Application No. 32/2018

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The Union Of India, Ministry Of Defence Through The Secretary, New Delhi

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The Commanding Officer, 619, Ppt Company Through 56 Apo, Jodhpur

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----Petitioners

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Versus

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1. Smt. Rukmani Devi W/o Shri Jagdish Prasad Tiwari, B/c Brahmin, R/o Bhorwa Thana, Surajgarh, District Jhunjhunu

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Maya Kumar Minor Through Their Natural Guardian Mother Smt. Rukmani Devi W/o Shri Jagdish Prasad Ti, R/o Bhorwa Thana, Surajgarh, Distt. Jhunjhunu

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Suman Kumari Minor Through Their Natural Guardian Mother Smt. Rukmani Devi W/o Shri Jagdish Prasad, R/o Bhorwa Thana, Surajgarh, Distt. Jhunjhunu

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Seemi Kumari Minor Through Their Natural Guardian Mother Smt. Rukmani Devi W/o Shri Jagdish Prasad, R/o Bhorwa Thana, Surajgarh, Distt. Jhunjhunu

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Pankaj Kumar Minor Through Their Natural Guardian Mother Smt. Rukmani Devi W/o Shri Jagdish Prasad, R/o Bhorwa Thana, Surajgarh, Distt. Jhunjhunu

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Smt. Basanti W/o Bhanwar Lal B/c Brahmin, R/o Bhorwa Thana, Surajgarh, Distt. Jhunjhunu

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Ghanshyam Singh S/o Hari Singh B/c Solanki, Government Servant No. 14829558 N 619 Tpt Company Through 56 Apo Driver Vehicle No. 80D 34584 Lpt

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Shri R.n. Gangal Incharge M.t. Section, Military Hospital, Jodhpur, Distt. Jodhpur Owner Vehicle No. 80D 34584 Lpt ----Respondents

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For Petitioner(s)	: Mr. Anand Sharma,Adv.
For Respondent(s)	: Nonepresent

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

[2023/RJJP/008859]

[CRES-32/2018]

(2 of 3)

01/05/2023

Learned counsel for the appellants submits that appellants had filed S.B. Civil Miscellaneous Appeal No.3304/2006 against the award dated 05.08.2006 passed by Motor Accident Claims Tribunal, Jhunjhunu in Claim Petition No.262/2006.

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Learned counsel for the appellants submits that Registry had pointed out certain defect(s) in the appeal. Notice of respondent Nos.1 to 6 were served but notice of respondent Nos.7 and 8 could not be served on account of correct address. So, the matter was lying in default category on 13.08.2015 alongwith other Civil Miscellaneous Appeal 1070 listed before this court and this court had passed peremptory order. He further submits that earlier Shri Kunal Rawat, Advocate was represented the Union of India but due to completion of his tenure, he did not appear before this Court on 13.08.2015. Therefore, knowledge of peremptory order was not given to the appellants and compliance of peremptory order was not made. Absence of the appellants is bona-fide and peremptory order passed by this Court be set aside and appeal be restored to its original number.

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I have heard the arguments advanced by learned counsel for the appellants and perused the impugned order.

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Despite the several adjournments, appellants had not removed the defect(s). So, this Court vide order dated 13.08.2015 was passed peremptory order for removal of defect(s) and the appellants had not complied the said order.

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In my considered opinion, no ground for restoration of the S.B. Civil Miscellaneous Appeal No.3304/2006 is made out and the

(3 of 3)

[2023/RJJP/008859]

[CRES-32/2018]

restoration application filed by the appellants being devoid of merit, liable to be dismissed.

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The civil restoration application is accordingly dismissed. Pending applications also stand disposed of.

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(NARENDRA SINGH DHADDHA),J

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Seema/29

The Union of India and Ors. v. Smt Rukmani Devi and Ors.

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The Union of India and Ors. v. Smt Rukmani Devi and Ors.

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