On 17/03/2023, the Rajasthan High Court dismissed an application to restore a dismissed civil appeal under CPC Order 41 Rule 19 read with Section 151, rejecting the applicant's delay of over a year and his historical negligence in prosecuting the matter.
Application under Order 41 Rule 19 CPC read with Section 151 CPC dismissed.
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[2023/RJJP/004439]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Restoration Application No. 554/2009
Deepak Singh S/o Shri Ganpat Singh, aged about 33 years, R/o Quarter No.100/33, Shiv Nagar, Topdara, Ajmer (Raj.)
----Applicant
Versus
----Respondents
For Petitioner(s) : None present For Respondent(s) : None present
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
17/03/2023
The applicant has filed the application under Section 41 Rule 19 CPC read with Section 151 CPC with a prayer to restore the appeal which was dismissed vide order dated 19.11.2007 on account of non prosecution.
From perusal of the order dated 19.11.2007 passed in S.B. Civil Misc. Appeal No. 2278/2006, it is revealed that the misc. appeal was dismissed on the ground of non-appearance on behalf of the appellant. It is also relevant to note that the present application for restoring the appeal is also filed with a delay of almost one and a half year.
[2023/RJJP/004439]
[CRES-554/2009]
(2 of 2)
S.B. Civil Misc. Appeal No.2278/2006 was dismissed on 19.11.2007 and the present application for restoring the appeal was filed on 25.05.2009. The reasons mentioned in the application as well as in the application filed under Section 5 of the Limitation Act are not cogent. Applicant himself remains negligent towards his rights. The original appeal was filed in the year 2006.
Looking to the facts and circumstances of the case and the delay caused by the applicant in filing the restoration application I do not deem it proper to allow the application for restoring the Civil Misc Appeal.
Consequently, the application filed under Order 41 Rule19 CPC read with Section 151 CPC is dismissed.
(PRAVEER BHATNAGAR),J
Dharmendra Rakhecha/715
2 issues framed by the court
Whether the application for restoration of the civil appeal filed after a delay of one and a half years without cogent reasons should be allowed.
Whether the applicant's continued negligence in prosecuting his appeal justifies refusing the restoration.
3 provisions across 2 enactments
Deepak Singh
Rajasthan State Road Transport Corporation
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
