Hon'ble Mr. Justice Chandra Kumar Songara allowed the restoration application filed by the Urban Improvement Trust Ajmer under Order 41 Rule 19 CPC read with Section 151 CPC. The court held the application was within limitation and restored the appeal to its original number.
Restoration of S.B. Civil Misc. Appeal No.3475/2008 to its original number.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Restoration Application No. 68/2022
In
S.B. Civil Misc. Appeal No.3475/2008
Urban Improvement Trust Ajmer, through its Secretary
----Applicant/Appellant/Non-Applicant
Versus
All C/o Dr. Devraj Sharma Ka-93, Opposite Shiv Mandir, Krishna Ganj, Ana Sagar, Ajmer
----Non-Applicant-Respondents/Applicants
For Petitioner(s) : Ms. Shikha Parnami
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
19/01/2023
Learned counsel for the applicant/appellant has filed this restoration application under Order 41 Rule 19 of CPC read with Section 151 of CPC for restoration of S.B. Civil Misc. Appeal No.3475/2008 which has been dismissed for non-prosecution by the coordinate Bench of this Court vide order dated 11.05.2022.
It is submitted by learned counsel for the appellant the application is within time and non-appearance of the appellant on the date of alleged order was bona fide.
Heard. Perused the application.
(2 of 2) [CRES-68/2022]
Looking to the facts mentioned in the application and the fact that application is within limitation, the same is allowed. Office is directed to restore the S.B. Civil Misc. Appeal No.3475/2008 to its original number.
(CHANDRA KUMAR SONGARA),J
Satyendra/8
1 issue framed by the court
Whether the S.B. Civil Misc. Appeal No.3475/2008 should be restored after non-prosecution.
2 provisions across 1 enactments
Urban Improvement Trust Ajmer
Dr. G.L. Verma
Smt. Nimmi Garg
Smt. Manju Gupta
Smt. Sudha Singh
Smt. Manju Agarwal
Chandra Kumar Songara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
