Alwar Sahakari Bhoomi Vikas Bank v. Ramdulari W/O Shri Mohanlal

Rajasthan HC18 Mar 2025CRES/1021/2024

Case brief

AI extract

What is this about?

Restoration of civil miscellaneous appeal dismissed in default; condonation of delay under Section 5, Limitation Act; death of counsel (Naval Singh Sikarwar) during pendency; Alwar Sahakari Bhoomi Vikas Bank v. Ramdulari and others; Rajasthan High Court Jaipur Bench; Justice Ashutosh Kumar; 18/03/2025; CRES-1021/2024; CMCC No.2043/2024; appeal restored to original number.

What did the court decide?

Delay in filing the restoration application condoned; S.B. Civil Miscellaneous Appeal No.1378/2020 restored to its original number. ¶¶30

Alwar Sahakari Bhoomi Vikas Bank Vs Ramdulari W/O Shri Mohanlal — Rajasthan HC (2025) — LawSathi Research

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[2025:RJ-JP:12188]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Misc. Restoration Application No. 1021/2024

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S.B. Civil Misc. Appeal No.1378/2020

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Alwar Sahakari Bhoomi Vikas Bank, Branch Rajgarh, Alwar

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----Applicant/Appellant

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Versus

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Ramdulari W/o Shri Mohanlal, Aged About 32 Years, R/o Village Saloli, Tehsil Rajgarh, District Alwar Rajasthan

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Mu. Bidam W/o Shri Kishornath, Aged About 59 Years, R/o Village Saloli, Tehsil Rajgarh, District Alwar Rajasthan.

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Kishornath S/o Sundar Nath, Aged About 64 Years, R/o Village Saloli, Tehsil Rajgarh, District Alwar Rajasthan.

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Santosh S/o Mohanlal., Aged About 9 Years, R/o Village Saloli, Tehsil Rajgarh, District Alwar Rajasthan.

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Lokesh S/o Mohanlal, Aged About 6 Years, R/o Village Saloli, Tehsil Rajgarh, District Alwar Rajasthan.

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Sushri Pinki Bai D/o Mohanlal, Aged About 13 Years, R/o Village Saloli, Tehsil Rajgarh, District Alwar Rajasthan.

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Sushri Basbai D/o Mohanlal, Aged About 11 Years, R/o Village Saloli, Tehsil Rajgarh, District Alwar Rajasthan.

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Radheshyam S/o Ramkaran, R/o Boochpuri, Tehsil Ramgarh, District Alwar, Rajasthan.

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Ramkaran S/o Bala Ram, R/o Boochpuri, Tehsil Rajgarh, District Alwar Rajasthan.

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----Respondents

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For Applicant : Mr. Mukesh Kumar Saini, Adv.

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order

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18/03/2025

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Matter comes up on an application (CMCC No.2043/2024) filed under Section 5 of the Limitation Act for condoning the delay in filing the restoration application.

[2025:RJ-JP:12188]

[CRES-1021/2024]

(2 of 2)

For the reasons stated therein, the application for condonation of delay is allowed. Delay in filing the restoration application is condoned.

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The present application has been filed by the applicant for restoration of S.B. Civil Miscellaneous Appeal No.1378/2020, which was dismissed in default, vide order dated 09.05.2024 passed by the Coordinate Bench of this Court.

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Learned counsel for the applicant submits that earlier, Mr. Naval Singh Sikarwar was engaged as counsel in the miscellaneous appeal but unfortunately, he expired during pendency of the appeal, therefore, no one could appear before the Court to argue the matter on the date fixed for hearing and the miscellaneous appeal was dismissed in default vide order dated 09.05.2024 passed by the Coordinate Bench of this Court.

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Learned counsel for the applicant submits that the applicant wants to contest the appeal on merits, therefore, the application be allowed and the appeal be restored to its original number.

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For the reasons mentioned therein, the application is allowed and S.B. Civil Miscellaneous Appeal No.1378/2020 is restored to its original number.

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Office to proceed.

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(ASHUTOSH KUMAR),J

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AARZOO ARORA /228-S.

Alwar Sahakari Bhoomi Vikas Bank v. Ramdulari W/O Shri Mohanlal

Case brief

What is this about?

What did the court decide?

Alwar Sahakari Bhoomi Vikas Bank v. Ramdulari W/O Shri Mohanlal

Case brief

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What did the court decide?

Why is it important?

What the court decided

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