Court allowed restoration of DB Civil Special Appeal Writ No.599/2023 which was previously dismissed in default. Petitioner moved via restoration application citing inadvertent omission of case number on the notice, despite filing the requisite PF and notice.
Restoration of DB Civil Special Appeal Writ No.599/2023 to its original number allowed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Writ Restoration No. 12/2024
Manish S/o Shri Mahaveer Prasad Ji, Aged About 39 Years, B/c Mali, R/o Opposite Railway Station, Churu. (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Sushil Bishnoi For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI
Order
11/01/2024
Learned counsel for the petitioner has submitted that the requisite court fee has already been filed.
This restoration application is filed by the petitioner to restore DB Civil Special Appeal Writ No.599/2023, which was dismissed in default by the Deputy Registrar (Judicial) of this Court vide order dated 21.12.2023 pursuant to the peremptory order of this Court dated 06.12.2023.
On 06.12.2023, this Court has granted a week’s time to file PF and notice for the respondent No.2 while observing that if the same are not filed within a week, the Special Appeal shall stand dismissed automatically without further reference to the Court.
[WRES-12/2024]
(2 of 2)
Learned counsel for the petitioner has submitted that though he has filed the requisite PF and notice of respondent No.2 but due to inadvertence the case number could not be mentioned on the said notice, however, the Deputy Registrar (Judicial) has treated the same as defective notice and observed that compliance of the order of this Court has not been made and pursuant to the peremptory order, has dismissed the Special Appeal.
Having heard learned counsel for the petitioner and after going through the averments made in the restoration application, the same is allowed and DB Civil Special Appeal Writ No.599/2023 is restored to its original number.
(RAJENDRA PRAKASH SONI),J
(VIJAY BISHNOI),J
31-Arun/-
2 issues framed by the court
Whether to allow restoration of a Special Appeal writ dismissed in default due to a defect in the respondent's notice number.
Whether the petitioner has established sufficient compliance to set aside the peremptory order dismissing the Special Appeal.
Manish S/o Shri Mahaveer Prasad Ji
Raj Kumar S/o Shri Jhumar Mal
Krishna Kumar S/o Shri Magha Ram
VIJAY BISHNOI
RAJENDRA PRAKASH SONI
As recorded by the court registry
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