Allowed

Smt. Surekha W/O Late Shri Vijay Singh v. the National Insurance Company Limited

Rajasthan HC1 Jul 2025CRES/1272/2024

Case brief

AI extract

What is this about?

The Court condoned a delay of 111 days in filing a restoration application for a dismissed civil misc. appeal, subject to the payment of Rs. 500/- costs. The restoration application itself was allowed, and the dismissed matter was restored to its original number.

What did the court decide?

Delay of 111 days condoned subject to cost of Rs. 500/-; restoration application allowed; dismissed matter restored.

Smt. Surekha W/O Late Shri Vijay Singh Vs… — Civil Procedure and Limitation | Rajasthan HC (2025)

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[2025:RJ-JP:24066]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Restoration Application No. 1272/2024

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in S.B. Civil Misc. Appeal No.2041/2019

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Smt. Surekha W/o Late Shri Vijay Singh, Aged About 33 Years, R/o Rampura, Tehsil Rajgarh, Police Station Hamirwas, District Churu (Rajasthan)

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Smt. Vedkor W/o Shri Ran Singh Meghwal, Aged About 54 Years, R/o Rampura, Tehsil Rajgarh, Police Station Hamirwas, District Churu (Rajasthan)

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Ran Singh Meghwal S/o Shri Mularam, Aged About 59 Years, R/o Rampura, Tehsil Rajgarh, Police Station Hamirwas, District Churu (Rajasthan)

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Tanisha D/o Late Shri Vijay Singh, Aged About 8 Years, Through Her Natural Guardian Mother, Smt. Surekha W/o Late Shri Vijay Singh, Aged About 33 Years, R/o Rampura, Tehsil Rajgarh, Police Station Hamirwas, District Churu (Rajasthan)

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----Petitioners

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Versus

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The National Insurance Company Limited, Through Its Branch Manager, Upper Side Of State Bank Of India, Near Shaho Ka Kua, Station Road, Jhunjhunu (Rajasthan)

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Puna Ram S/o Shri Pokarmal, Aged About 27 Years, R/o Khejdi Ji Kalan, Police Station Luni, District Jodhpur (Rajasthan) (Driver Of Vehicle Tata Safari No. Up-14-Be6468)

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Sourbh Sahrawat S/o Shri Ramveer Singh, Aged About 27 Years, R/o House No. R D C-43 Rajnagar, Police Station Kavi Nagar, District Gajiyabad (Up) (Owner Of Vehicle Tata Safari No. Up-14-Be-6468)

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----Respondents

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For Petitioner(s) : Mr. Deepak Soni For Respondent(s) :

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HON'BLE MR. JUSTICE GANESH RAM MEENA

[2025:RJ-JP:24066]

[CRES-1272/2024]

(2 of 2)

Order

01/07/2025

An application bearing No. 311/2025 has been filed by the applicant under Section 5 of the Limitation Act for condonation of delay of 111 days in filing restoration application.

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In view of the submissions made by learned counsel for the applicant and for the reasons mentioned in the application, this Court deems just and proper to condone the delay in filing restoration application.

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Accordingly application filed under Section 5 of the Limitation Act for condonation of delay stands allowed.

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The restoration application has been filed by the appellant/applicant for restoration of the S.B. Civil Misc. restoration application No. 134/2024 which has been dismissed on 15.07.2024 in furtherance of peremptory order dated 03.04.2024 as the defects were not cured.

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Having considered the submissions made by learned counsel for the applicant/appellant and for the reasons mentioned in the restoration application, the same is allowed subject to payment of cost of Rs. 500/- with the Rajasthan High Court Munshi Sangh Jaipur Bench.

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The applicant shall submit the receipt of the payment with the Registry. On submitting the receipt of the payment, the restoration application 134/2024 is ordered to be restored at its original number and position.

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(GANESH RAM MEENA),J

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ANIL SHARMA /36

Smt. Surekha W/O Late Shri Vijay Singh v. the National Insurance Company Limited

Case brief

What is this about?

What did the court decide?

Smt. Surekha W/O Late Shri Vijay Singh v. the National Insurance Company Limited

Case brief

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