The High Court condoned the delay in filing a restoration application. The court restored the specific appeal to its original number, subject to the payment of court costs.
Delay condoned; restoration application allowed; appeal restored to original number.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Misc. Restoration Application No. 59/2024
In
D.B. Special Appeal (Writ) No. 677/2022
Sagarmal Choudhary Son Of Shri Banshidhar Choudhary, Aged About 70 Years, Resident Of Plot No. 23/24, Shankar Nagar-B, VKI Area, Jaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Krishan Kumar Chhawal For Respondent(s) : -
(2 of 2)
[WRES-59/2024]
HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
02/09/2024
Heard on application for condonation of delay in filing the restoration application.
Taking into consideration the short period of delay and the cause shown in the application, we are inclined to condone the delay.
Accordingly, delay in filing of the restoration application is condoned and application under Section 5 of the Limitation Act is allowed.
Heard on prayer for restoration.
Taking into consideration the cause shown in the application as to why the defects pointed out could not be removed within the time stipulated leading to automatic dismissal of the appeal, we are inclined to restore D.B. Special Appeal (Writ) No. 677/2022 to its original number, subject to payment of cost of Rs.1,000/payable in the Rajasthan High Court Legal Services Committee, Jaipur.
Restoration application is, therefore, allowed.
(ASHUTOSH KUMAR),J
(MANINDRA MOHAN SHRIVASTAVA),CJ
A.Arora/Mohita/48
2 issues framed by the court
Whether the delay in filing the restoration application should be condoned
Whether the D.B. Special Appeal should be restored after automatic dismissal
1 provisions across 1 enactments
Sagarmal Choudhary
State of Rajasthan
The Director, Rajasthan State Agriculture Marketing Board
Manindra Mohan Shrivastava
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
