The High Court of Rajasthan allowed an application for condonation of delay in filing a restoration application for a civil miscellaneous appeal, directing the deposit of costs.
Restoration of civil miscellaneous appeal SBCMA No.37/2016 and condonation of 5 days delay subject to cost deposit.
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[2024:RJ-JD:26660]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Restoration No. 32/2019
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Manish Pitaliya
HON'BLE DR. JUSTICE NUPUR BHATI
Order
03/07/2024
An application (01/24) has been filed under Section 5 of the Limitation Act for condoning the delay of 5 days in filing the restoration application.
[2024:RJ-JD:26660]
[CRES-32/2019]
For the reasons mentioned in the application, the application is allowed and the delay in filing restoration application is condoned.
The instant restoration application has been filed by the petitioner-applicant seeking restoration of the civil misc. appeal bearing SBCMA No.37/2016, which was dismissed in default vide order dated 04.05.2017 on account of non-compliance of the peremptory order dated 23.03.2017 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.37/2016, 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
22-amit/-
1 issue framed by the court
Whether the delay in filing the restoration application should be condoned under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Smt. Tara Devi And Ors.
Smt. Madhubala And Ors.
Nupur Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
