Allowed

Smt. Bhagwani Devi W/O Late Shri Nanuram v. Dara Singh S/O Shri Sawalram

Rajasthan HC2 Feb 2024CRES/27/2021

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 5 of the Limitation Act, condoning a 59-day delay in filing a restoration application. The appeal was restored to its original number subject to the payment of costs and filing of receipt within three weeks.

What did the court decide?

Restoration of appeal to original number allowed subject to deposit of Rs. 2,000 cost and filing receipt within three weeks.

Smt. Bhagwani Devi W/O Late Shri Nanuram Vs Dara… — Service and Employment | Rajasthan HC (2024)

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[2024:RJ-JP:5578]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Restoration Application No. 27/2021

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Smt. Bhagwani Devi W/o Late Shri Nanuram, Aged About 51 Years, Resident Of Ward No. 8, Near Gogameri Village Post Bathot, Tehsil Laxmangarh, District Sikar, Rajasthan.

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Nanuram S/o Shri Mool Chand, (Deceased - Died During Pendency Of Petition). Resident Of Ward No. 8, Near Gogameri Village Post Bathot, Tehsil Laxmangarh, District Sikar, Rajasthan.

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Dharmendra S/o Shri Nanuram, Aged About 27 Years, Resident Of Ward No. 8, Near Gogameri Village Post Bathot, Tehsil Laxmangarh, District Sikar, Rajasthan.

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Pooja D/o Nanuram, Aged About 17 Years, Minor Through Her Natural Guardian Mother Smt. Bhagwani Devi, Resident Of Ward No. 8, Near Gogameri Village Post Bathot, Tehsil Laxmangarh, District Sikar, Rajasthan.

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Roshani D/o Nanuram, Aged About 15 Years, Minor Through Her Natural Guardian Mother Smt. Bhagwani Devi, Resident Of Ward No. 8, Near Gogameri Village Post Bathot, Tehsil Laxmangarh, District Sikar, Rajasthan.

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Ankit S/o Nanuram, Aged About 11 Years, Minor Through Her Natural Guardian Mother Smt. Bhagwani Devi, Resident Of Ward No. 8, Near Gogameri Village Post Bathot, Tehsil Laxmangarh, District Sikar, Rajasthan.

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----Petitioners

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Versus

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Dara Singh S/o Shri Sawalram, Resident Of Village Sultana, Post Bagad, Tehsil Chirawa, District Jhunjhunu, Rajasthan. (Driver Of The Offending Vehicle Bus No. Rj18-Pa-3603)

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Managing Director, Rajasthan State Transport Corporation Jaipur, Through Local Chief Manager Rajasthan State Transport Corporation Jhunjhunu (Raj.) (Owner Of The Offending Vehicle Bus No. Rj-18-Pa-3603)

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----Respondents

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For Petitioner(s) : Mr. Bhanu Prakash Verma, Adv.

(2 of 2)

[2024:RJ-JP:5578]

[CRES-27/2021]

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

02/02/2024

Heard.

Application under Section 5 of Limitation Act is allowed for the reasons mentioned in the application and delay of 59 days in filing the restoration application is condoned.

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Having regard to the submission made by learned counsel for the appellants, the restoration application is allowed, the appeal is restored to its original number, subject to deposition of cost of Rs.2,000/- by the appellants with the Rajasthan State Legal Services Authority and on filing a receipt thereof in the Registry, within three weeks from today.

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(NARENDRA SINGH DHADDHA),J

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Jatin /149

Smt. Bhagwani Devi W/O Late Shri Nanuram v. Dara Singh S/O Shri Sawalram

Case brief

What is this about?

What did the court decide?

Smt. Bhagwani Devi W/O Late Shri Nanuram v. Dara Singh S/O Shri Sawalram

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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