Justice Rekha Borana allowed the restoration of an appeal dismissed for want of prosecution after condoning a delay of 1322 days under Section 5 of the Limitation Act, imposing a cost of Rs. 2,500.
The appeal is restored to its original number following condonation of delay under Section 5 of the Limitation Act.
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[2023:RJ-JD:40702]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Restoration No. 55/2014
Smt.chandra and Ors.
----Petitioners
Versus
Dilawar Khan and Ors.
----Respondents
| For Petitioner(s) | : Mr. |
V.R. Choudhary |
|---|---|---|
| For Respondent(s) | : Mr. |
Lalit Parihar |
HON'BLE MS. JUSTICE REKHA BORANA
Order
24/11/2023
[2023:RJ-JD:40702]
[CRES-55/2014]
(2 of 2)
application that the appellants were not informed by the counsel regarding dismissal of the appeal and hence, they were not aware of the same. The same reason has been assigned in the restoration application and it has been prayed that the appeal be restored to its original number.
The delay caused in filing the present restoration application is condoned.
(REKHA BORANA),J
94-Vij/-
1 issue framed by the court
Whether condonation of delay should be allowed for filing an application under Section 5 of the Limitation Act for restoration of an appeal dismissed for want of prosecution.
1 provisions across 1 enactments
Smt. Chandra and Ors.
Dilawar Khan and Ors.
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
