Smt. Prabhati Devi v. Lal Chand S/O Shri Kishan Chand

Rajasthan HC22 Jul 2025CRES/248/2025

Case brief

AI extract

What is this about?

Condonation of delay; Section 5 Limitation Act; restoration of appeal dismissed for non-removal of defects; peremptory order dated 24.01.2024; dismissal order dated 19.12.2024; S.B. Civil Misc. Appeal No.1246/2020; CRES-248/2025; application No.1280/2025; Rajasthan High Court Jaipur Bench; Ganesh Ram Meena, J.; cost Rs.1000/-; Rajasthan High Court Munshi Sangh; parties include driver, registered owner, power of attorney holder of vehicle No. RJ-14-T-6366 and Reliance General Insurance Company Limited.

What did the court decide?

Restoration of S.B. Civil Misc. Appeal No.1246/2020 to its original number and position, subject to deposit of Rs.1000/- cost with the Rajasthan High Court Munshi Sangh, Jaipur Bench and submission of the receipt to the Registry. ¶¶28

Smt. Prabhati Devi Vs Lal Chand S/O Shri Kishan Chand — Rajasthan HC (2025) — LawSathi Research

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[2025:RJ-JP:27286]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Restoration Application No. 248/2025

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S.B. Civil Misc. Appeal No.1246/2020

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Smt. Prabhati Devi, Aged About 54 Years, W/o Late Prabhudayal,

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Kaluram Saini S/o Late Shri Prabhu Dayal, Aged About 29 Years, All Are R/o Pavra Ki Dhani, Ward No. 52, Tejaji Ke Mandir Ke Pass, Jaysinghpura Khor, Jaipur (Rajasthan)

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Ghanshyam Saini, Aged About 32 Years, S/o Late Shri Prabhu Dayal,

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----Petitioners

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Versus

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Lal Chand S/o Shri Kishan Chand, R/o 1279, Khejdo Ka Rasta, Chandpole Bazar, Jaipur (Driver Of Vehicle No. Rj14-T-6366)

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Rajendra Singh S/o Shri Gyan Singh, R/o Plot No. 23, Shyampura, Kali Pahadi, Tehsil Amer, District Jaipur. (Registered Owner Of Vehicle No. Rj-14-T-6366)

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Ram Singh S/o Shri Gyan Singh, R/o Plot No. 23, Shyampura, Kali Pahadi, Tehsil Amer, District Jaipur (Power Of Attorney Holder Of Vehicle No. Rj-14-T-6366)

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Reliance General Insurance Company Limited, Through Its Regional Manager, Makers Tower, Nityanand Nagar, Queens Road, Police Station Vaishali Nagar, Jaipur. (Insurance Company Of Vehicle Pickup Jeep No. Rj-14-T6366)

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----Respondents

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For Petitioner(s) : Mr. Udit Kirori For Respondent(s) :

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HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

22/07/2025

[2025:RJ-JP:27286]

[CRES-248/2025]

(2 of 2)

An application bearing No.1280/2025 has been filed by the applicants/appellants under Section 5 of the Limitation Act for condonation of delay of one hundred forty one (141) days’ in filing the restoration application.

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In view of the submissions made by learned counsel for the applicants/appellants and for the reasons mentioned in the application bearing No.1280/2025 filed under Section 5 of the Limitation Act for condonation of delay, same is allowed and the delay of one hundred forty one (141) days’ in filing the restoration application is condoned.

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The present civil restoration application has been filed by the applicants/appellants for restoration of S.B. Civil Misc. Appeal No.1246/2020, which was dismissed vide order dated 19.12.2024 in furtherance of peremptory order dated 24.01.2024 for want of removing the defect/s.

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Heard.

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Considered the submissions made at bar.

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Taking into consideration the submissions made by counsel for the applicants/appellants and for the reasons mentioned in the restoration application, same is allowed at the cost of Rs.1000/- and it is ordered that S.B. Civil Misc. Appeal No.1246/2020 be restored at its original number and position.

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The appellants/applicants shall deposit the cost of Rs.1000/- with the Rajasthan High Court Munshi Sangh Jaipur Bench and shall submit the receipt of the same with the Registry.

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(GANESH RAM MEENA),J

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ARTI SHARMA /33

Smt. Prabhati Devi v. Lal Chand S/O Shri Kishan Chand

Case brief

What is this about?

What did the court decide?

Smt. Prabhati Devi v. Lal Chand S/O Shri Kishan Chand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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