Jagdev S/O Sumer Singh v. Asha D/O Sumer Singh

Rajasthan HC6 Mar 2025CRES/808/2024

Case brief

AI extract

What is this about?

Restoration application dismissed; civil second appeal not maintainable against remand order; trial court directed to expedite remanded suit within four months.

What did the court decide?

Restoration application disposed of without restoring SBCSA No. 364/2023; trial court directed to expedite trial and dispose of remanded civil suit preferably within four months. ¶¶26-¶27

Jagdev S/O Sumer Singh Vs Asha D/O Sumer Singh — Rajasthan HC (2025) — LawSathi Research

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[2025:RJ-JP:10219]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Restoration Application No. 808/2024

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S.B. Civil Second Appeal No. 364/2023 Jagdev S/o Sumer Singh, Aged About 55 Years, R/o Majri Kalan, Old Tehsil Behror, New Tehsil Neemrana, District Alwar (Rajasthan)

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----Petitioner

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Versus

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Asha D/o Sumer Singh, R/o Majri Kalan, Old Tehsil, Behror, New Tehsil Neemrana, District Alwar (Rajasthan) W/o Ram Kishan R/o Dhani Beedwali, Village Giglana Old Tehsil Behror, New Tehsil Neemrana, District Alwar (Rajasthan)

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Subhash Chand, S/o Sumer Singh aged 52 years R/o Majri Kalan Old Tehsil Behror, New Tehsil - Neemrana, District Alwar (Rajasthan.)

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Sub-Registrar, Neemrana, Tehsil Neemrana, District Alwar (Rajasthan)

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----Respondents For Petitioner(s) : Mr. V.D. Agnihotri For Respondent(s) :

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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06/03/2025

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Instant restoration application is preferred by the appellantapplicant to restore SBCSA No. 364/2023 which was dismissed on 08.07.2024 in pursuant to order dated 20.04.2024 for not curing the defect as pointed out by the office.

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During course of the arguments, learned counsel for the applicant-appellant submits that a suit preferred by respondent-

[2025:RJ-JP:10219]

[CRES-808/2024]

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plaintiff Asha was dismissed by learned Civil Judge, Behror, District Alwar and aggrieved from dismissal of civil suit, a regular appeal No. 24/2018 was preferred by the plaintiff and on 16.05.2023 learned Additional District Judge No. 2, Behror, District Alwar allowed the appeal partially and set aside the judgment and decree dated 10.08.2018 in civil suit No. 93/2012. The appellate Court has remitted back the matter to the Trial Court for decision afresh after framing additional issues, if required and providing an opportunity to lead evidence. He has submits that the Trial Court, wherein the civil suit is pending after remand may be directed to expedite the trial and dispose of the civil suit within a period of three months and the restoration application may be disposed of at this stage.

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Having considered the submission of learned counsel for the applicant, a fact is quite clear that aggrieved from order of remand dated 16.05.2023 in Civil First Appeal No. 24/2018, a civil second appeal was preferred whereas civil misc. appeal is maintainable. The office has pointed out certain defects and failing to cure the defects SBCSA was dismissed in pursuant to peremptory order passed by this Court. The order of remand was passed on 16.05.2023 and since then almost two years have lapsed therefore, it is appropriate to dispose of present restoration application without restoring SBCSA No. 364/2023 but with direction to learned Trial Court to expedite the trial and disposal of civil suit remanded by first Appellate Court (Additional District Judge No. 2, Behror) vide order dated 16.05.2023 as expeditiously as possible and preferably within four months from the date of receipt of copy of this order.

[2025:RJ-JP:10219]

[CRES-808/2024]

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