Allowed

Hemwati @ Hemlata v. Bhanwar Singh

Rajasthan HC4 Jul 2024CRES/124/2021

Case brief

AI extract

What is this about?

The High Court allowed the restoration of a miscellaneous appeal dismissed in default. Service of notice on one respondent was dispensed with, while appearance of counsel for the insurer respondent was noted. The appeal is restored subject to deposit of costs and a request to refer the matter to a National Lok Adalat.

What did the court decide?

Restoration of SBCMA No.1870/2012 allowed on deposit of Rs. 3,000; notice to one respondent dispensed with; matter remanded to ensuing National Lok Adalat.

Hemwati @ Hemlata Vs Bhanwar Singh — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JD:26926]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Restoration No. 124/2021

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S.B. Civil Misc. Appeal No.1870/2012

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Hemwati @ Hemlata W/o Kishan Chand Roopchandani, Aged About 62 Years, R/o Plot No. 133, Subhash Nagar, Pal Road, Jodhpur

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Khushbeer Roopchandani S/o Kishan Chand Roopchandani, Aged About 35 Years, R/o Plot No. 133, Subhash Nagar, Pal Road, Jodhpur

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Anurag Roopchandani S/o Kishan Chand Roopchandani, Aged About 33 Years, R/o Plot No. 133, Subhash Nagar, Pal Road, Jodhpur

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Chitresh Roopchandani S/o Kishan Chand Roopchandani, Aged About 30 Years, R/o Plot No. 133, Subhash Nagar, Pal Road, Jodhpur

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----Petitioners

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Versus

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Bhanwar Singh S/o Jor Singh, R/o Gelawas, P.S. Jhanwar, Dist. Jodhpur

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The New India Assurance Company Ltd., Divisional Office Abhay Chamber, Jalori Gate, Jodhpur

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----Respondents

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For Petitioner(s)	: Mr.	Mana Ram Patel
For Respondent(s)	: Mr.	Sunil Vyas

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HON'BLE DR. JUSTICE NUPUR BHATI Order

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04/07/2024

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The instant restoration application has been filed by the applicants/appellants seeking restoration of the misc. appeal bearing SBCMA No.1870/2012, which was dismissed in default

[2024:RJ-JD:26926]

[CRES-124/2021]

(2 of 2)

vide order dated 22.07.2020 on account of non-compliance of the peremptory order dated 03.02.2020 passed by this Court.

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Learned counsel representing the applicants appellants submits that service of notice of respondent No.1 may be dispensed with.

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At the risk and cost of learned counsel representing the applicants/appellants, service of notice of respondent No.1 is dispensed with.

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Learned counsel Mr. Sunil Vyas puts in appearance on behalf of respondent No.2, therefore, the service is complete.

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Name of learned counsel Mr. Sunil Vyas shall henceforth be reflected in the cause list as counsel for the respondent No.2. 5. Having considered the grounds as set out in the restoration application and in the interest of justice, the same is allowed and the misc. appeal bearing SBCMA No.1870/2012, is ordered to be restored to its original number, subject to the condition that the petitioners shall deposit the cost of Rs.3,000/- before the Rajasthan State Legal Services Authority, Jodhpur.

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Office to proceed accordingly.

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At the joint request of learned counsel for the parties, the matter be placed before the ensuing National Lok Adalat scheduled on 13.07.2024.

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(DR. NUPUR BHATI),J

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65-/Devesh/-

Hemwati @ Hemlata v. Bhanwar Singh

Case brief

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Hemwati @ Hemlata v. Bhanwar Singh

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