Allowed

Ramnaresh and Anr. v. R S R T C and Anr.

Rajasthan HC17 Jul 2023CRES/370/2018

Case brief

AI extract

What is this about?

This order grants a restoration application, recalling a dismissal of an appeal for want of prosecution due to the appellants' bonafide non-appearance. The court notes the interest of justice and the connected pending appeal by RSRTC. It directs tagging of two related appeals under the same cause title to consolidate proceedings.

What did the court decide?

The application for restoration of appeal is allowed, and the appeal is restored to its original number. Registry is directed to tag the connected appeal along with this matter.

Ramnaresh and Anr. Vs R S R T C and Anr. — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023:RJ-JP:14593]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Restoration Application No. 370/2018

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S.B. Civil Misc. Appeal No.1409/2018

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Ramnaresh S/o Ramcharan

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Bhawani Singh S/o Shankar Singh, Both, R/o Naya Bass, Nai Basti, Police Station, Basedi, Tehsil Basedi, District Dholpur Rajasthan

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----Claimants-Appellants

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Versus

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Rajasthan State Road Transport Corporation Through Its Chief Manager, Jaipur.

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Rajasthan State Road Transport Corporation Through Its Depot Manager, Dholpur, District Dholpur Rajasthan

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----Non Claimants-Respondents

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Connected With

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S.B. Civil Miscellaneous Appeal No. 1376/2018

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Rajasthan State Road Transport Corporation Service Through Chief Manager, Rajasthan State Road Transport Corporation, Jaipur.

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Rajasthan State Road Transport Corporation Service Through Dholpur Depot Manager, Dholpur Rajasthan, Registered Owner Bus No. RJ-11-PA-0055

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----Appellants-Non-Claimants

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Versus

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Ram Naresh S/o Ram Charan, Aged 56 Years, R/o Nayabas Nai Basti, Police Thana Basedi, Tehsil Basedi, District Dholpur Raj

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Bhawani Singh S/o Shankar Singh, Aged 21 Years, R/o Nayabas Nai Basti, Police Thana Basedi, Tehsil Basedi, District Dholpur Raj

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----Respondents-Claimants

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For Petitioner(s) : Mr. D.K. Garg For Respondent(s) : Mr. Deepak Goyal

(2 of 2)

[2023:RJ-JP:14593]

[CRES-370/2018]

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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17/07/2023

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In Civil Restoration Application No.370/2018:-

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The matter comes up on an application for restoration of appeal.

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Learned counsel submits that due to non-appearance of appellants and their counsel, appeal was dismissed for want of prosecution on 04.04.2018. The non-appearance of the appellants was bonafide, therefore, the order deserves to be recalled and appeal is liable to be restored.

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For the reasons mentioned in the application and taking into consideration the fact that one appeal was filed for enhancement of the award and another appeal was filed against the same judgment by RSRTC which is still pending and in the interest of justice, the application for restoration of appeal is allowed and the appeal is restored to its original number.

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Learned counsel for the appellant is directed to serve a copy of the appeal to Mr. Deepak Goyal learned counsel for the RSRTC.

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In S.B. Civil Misc. Appeal No.1376/2018:-

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Registry is directed to tag the appeal alongwith connected matter.

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(ASHUTOSH KUMAR),J

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MADAN/16-17

Ramnaresh and Anr. v. R S R T C and Anr.

Case brief

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Ramnaresh and Anr. v. R S R T C and Anr.

Case brief

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