Restoration application seeking revival of a civil misc. appeal dismissed in default for non-compliance of a peremptory order. The delay of two days in filing was condoned and the appeal was restored to its original number subject to payment of Rs.3,000 as cost.
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[2024:RJ-JD:26718]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Restoration No. 154/2019
Krishna Kumar Gupta S/o Shri Matadeen Gupta, Aged About 55 Years, R/o New Colony, Dungarpur (Raj.) (Owner Of Dumper)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Chandraveer Singh
HON'BLE DR. JUSTICE NUPUR BHATI
Order
03/07/2024
An application (01/23) has been filed under Section 5 of the Limitation Act for condoning the delay of 2 days in filing the restoration application.
For the reasons mentioned in the application, the application is allowed and the delay in filing restoration application is condoned.
[2024:RJ-JD:26718]
[CRES-154/2019]
(2 of 2)
The instant restoration application has been filed by the petitioner-applicant seeking restoration of the civil misc. appeal bearing SBCMA No.574/2015, which was dismissed in default vide order dated 15.05.2017 on account of non-compliance of the peremptory order dated 25.03.2017 passed by this Court.
Having considered the grounds as set out in the restoration application and in the interest of justice, the same is allowed and the appeal bearing SBCMA No.574/2015, is ordered to be restored to its original number, subject to the condition that the appellants shall deposit a cost of Rs.3,000/- before the Rajasthan State Legal Services Authority, Jodhpur.
Office to proceed.
(DR. NUPUR BHATI),J
26-amit/-
2 issues framed by the court
Whether the 2-day delay in filing the restoration application should be condoned.
Whether civil misc. appeal SBCMA No.574/2015, dismissed in default, should be restored.
1 provisions across 1 enactments
Krishna Kumar Gupta
Banshi Lal
United India Insurance Company Limited, Chennai
Ray Singh
General Manager, Rajasthan State Road Transport Corporation
Mahesh Chandra @ Mahendra
Nupur Bhati
As recorded by the court registry
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