Restoration application under Order 41 Rule 19 CPC seeking reinstatement of a miscellaneous appeal dismissed for non-removal of office defects. The court allowed the application and restored the appeal to its original number.
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[2025:RJ-JP:16395]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Misc. Restoration Application No. 978/2024
In
S.B. Civil Miscellaneous Appeal No.2486/2022
Raghuvar Dayal Mishra S/o Shri Balmukund Mishra, Age About 80 Years, Permanent Address Ward No. 10 Babai Police Station Khetri District Jhunjhunu (Raj.) At Present Resident Of Plot No. D-177, Moti Marg, Bapu Nagar Jaipur Raj.
----Appellants/Applicant
Versus
----Respondents/Non-applicants
For Petitioner(s) : Mr. R.M. Jain For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
17/04/2025
The present civil restoration application has been filed by the applicant/appellant under Order 41 Rule 19 CPC for restoration of S.B. Civil Miscellaneous Appeal No.2486/2022, which was
[2025:RJ-JP:16395]
[CRES-978/2024]
(2 of 2)
dismissed vide order dated 25.07.2024 in furtherance of peremptory order dated 23.05.2024, passed by Co-ordinate Bench of this Court for want of removing the defect/s pointed out by the Office.
Having regard to the submissions made by the learned counsel for the applicant/appellant and reasons mentioned in the restoration application, the same is allowed. The S.B. Civil Miscellaneous Appeal No.2486/2022 is ordered to be restored to its original number.
(GANESH RAM MEENA),J
Manish/61
1 issue framed by the court
Should the appeal dismissed for want of removing office defects be restored under Order 41 Rule 19 CPC?
1 provisions across 1 enactments
Raghuvar Dayal Mishra
Hari Prakash Meena
Krishn Lal Meena
The Oriental Insurance Company Limited
Ganesh Ram Meena
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
