Disposed

Rathore Contractor v. Peerbaksh Ramzani

Rajasthan HC13 Oct 2025CRES/394/2025

Case brief

AI extract

What is this about?

This single-paragraph order addressed a Civil Misc. Restoration Application. Considering the reasons for delay as potentially malafide but assigning costs, the Court condoned the delay and ordered the respondent to deposit Rs.10,000/- before the accompanying Civil First Appeal could be restored.

What did the court decide?

Delay in filing the application condoned; cost of Rs.10,000/- directed to be deposited.

Rathore Contractor Vs Peerbaksh Ramzani — Civil Procedure and Limitation | Rajasthan HC (2025)

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[2025:RJ-JP:41764]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Restoration Application No. 394/2025

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S.B. Civil First Appeal No. 49/2018

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Rathore Contractor, -Through Poprieter Owner Intjam Son of Abdul Hakim, age 56 Yrs Resident of Deshwali Mohalla Sarkari Tuti Ke Pas Todaraisingh Presently Rathore Contractor RHC Block. Gehlot Road Idgah Ke Pas Tonk District Tonk (Raj).

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----Petitioner

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Versus

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Peerbaksh Ramzani, Lawa Proprietor Owner Ramzani Son of Peerbaksh Resident of Lawa Tehsil Malpura District Tonk (Raj).

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----Respondent

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For Petitioner(s) : Mr. Surendra Singh For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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13/10/2025

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Instant Civil Misc. Restoration Application along with application under Section 5 of the Limitation Act, has been filed praying to condone the delay in filing the restoration application and to restore the S.B. Civil First Appeal No. 49/2018 on its original registration number to proceed the first appeal on merits.

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The first appeal was filed against the decree for recovery of money and notices to the respondent-plaintiff was issued, but for want of providing fresh address, appeal was dismissed for noncompliance of the peremptory order dated 26.04.2024.

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Counsel for applicant states that address of respondentplaintiff decree holder as provided in the memo of appeal is

[2025:RJ-JP:41764]

[CRES-394/2025]

(2 of 2)

correct and present address, but he is evading service. He submits that after restoration of appeal, the alternative modes of service of notices shall be adopted. For the delay in the filing the restoration application, reasons have been assigned in the application that appellant suffers from mental sickness due to pecuniary losses.

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Considering the reasons stated in the restoration application as well as application for condonation of delay supported with affidavit, which seems to be malafide, the delay in filing the application is condoned subject to deposition of cost of Rs.10,000/- before this Court by way of Demand Draft/ Banker’s Cheque in the name of Registrar General, Rajasthan High Court Bench Jaipur, within a period of six weeks.

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On filing the receipt of deposition of cost, the S.B. Civil First Appeal No. 49/2018 is allowed to be restored to its original number.

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Accordingly, the application for restoration application stands disposed of.

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On deposition of cost by the appellant, same be disbursed to the respondent-plaintiff, as and when he put in appearance before this Court.

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(SUDESH BANSAL),J

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NITIN /35

Rathore Contractor v. Peerbaksh Ramzani

Case brief

What is this about?

What did the court decide?

Rathore Contractor v. Peerbaksh Ramzani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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