Smt. Manju Sharma Wife of Late Shri Kailash Chand Sharma Vs Hanuman Sahay Sharma Son of Shri Kalyan Sahay — Rajasthan HC (2026) — LawSathi Research

Smt. Manju Sharma Wife of Late Shri Kailash Chand Sharma Vs Hanuman Sahay Sharma Son of Shri Kalyan Sahay — Rajasthan HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Instant restoration application allowed; order dated 08.05.2018 recalled and the consequential order dated 31.10.2018 held not to survive; S.B. Civil Misc. Appeal No.2066/2017 to be restored to its original number upon deposit of Rs.2500/- with the Munshi Welfare Association within one week, with the receipt placed on record.

Issue for consideration

Whether the restoration application seeking restoration of S.B. Civil Misc. Appeal No.2066/2017, filed with a delay of 640 days and without furnishing any reasonable and justified cause, should be allowed.

Court's answer

Despite the inordinate delay of 640 days and the absence of any reasonable and justified cause, the Court deemed it just and proper to allow the restoration application because important questions of law and facts are involved and are required to be adjudicated on merits.

Ratio / Principle

The order dated 08.05.2018 passed by this Court is recalled, and consequently the consequential order dated 31.10.2018 passed by the Registrar (Judl.) does not survive.

Key takeaways

Restoration was made conditional on the appellant depositing Rs.2500/- with the Munshi Welfare Association and placing the receipt on record within one week, upon doing which the office is directed to restore S.B. Civil Misc. Appeal No.2066/2017 to its original number.ratio¶26

Detailed headnote1 paragraphs

S.B. Civil Restoration Application No.136/2020 ([CRES-136/2020]) before the High Court of Judicature for Rajasthan, Bench at Jaipur (single Judge: Justice Anoop Kumar Dhand; order dated 19/01/2026). Six petitioners — Smt. Manju Sharma (wife of the late Kailash Chand Sharma), her four daughters Kumari Sonu, Kumari Monu, Kumari Manisha and Kumari Suman, and Smt. Gyarsi Devi (wife of the late Hanuman Sahay Sharma) — sought restoration of S.B. Civil Misc. Appeal No.2066/2017, which had been dismissed by the Registrar (Judicial) on 31.10.2018 in compliance of the Court's per-emptory order dated 08.05.2018. Respondents: Hanuman Sahay Sharma (registered owner of vehicle No. RJ-14-GB-9762) and Chola Mandalam M.s. General Insurance Co. Ltd. Although the Office report showed a delay of 640 days in filing and no reasonable or justified cause was furnished, the Court allowed the restoration because important questions of law and facts were involved and required adjudication on merits; it recalled its order dated 08.05.2018 — thereby rendering the Registrar's consequential order dated 31.10.2018 non-surviving — and conditioned restoration on payment of Rs.2500/- to the Munshi Welfare Association with the receipt placed on record within one week.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Restoration Application No.136/2020

In

S.B. Civil Misc. Appeal No.2066/2017

Smt. Manju Sharma Wife Of Late Shri Kailash Chand Sharma, Aged About 44 Years, Resident Of Village Saypur, Tehsil Jamwa Ramgarh, District Jaipur, Rajasthan.

Kumari Sonu Daughter Of Late Shri Kailash Chand Sharma, Aged About 23 Years, Resident Of Village Saypur, Tehsil Jamwa Ramgarh, District Jaipur, Rajasthan.

Kumari Monu Daughter Of Late Shri Kailash Chand Sharma, Aged About 21 Years, Resident Of Village Saypur, Tehsil Jamwa Ramgarh, District Jaipur, Rajasthan.

Kumari Manisha Daughter Of Late Shri Kailash Chand Sharma, Aged About 19 Years, Resident Of Village Saypur, Tehsil Jamwa Ramgarh, District Jaipur, Rajasthan.

Kumari Suman Daughter Of Late Shri Kailash Chand Sharma, Aged About 29 Years, Resident Of Village Saypur, Tehsil Jamwa Ramgarh, District Jaipur, Rajasthan.

Smt. Gyarsi Devi Wife Of Late Shri Hanuman Sahay Sharma, Aged About 69 Years, Resident Of Village Saypur, Tehsil Jamwa Ramgarh, District Jaipur, Rajasthan.

----Petitioners

Versus

Hanuman Sahay Sharma Son Of Shri Kalyan Sahay, Resident Of Village Saleriwalon Ki Dhani, Post Nayla Tehsil. Jamwa Ramgarh. District Jaipur. (Registered Owner Vehicle No.rj-14-Gb-9762)

Chola Mandalam M.s. General Insurance Co. Ltd., Second Floor, No-2 N S C Bose Road, Cheenai, (Insurance Co. Vehicle No. Rj-14-Gb-9762)

----Respondents

For Petitioner(s) : Mr. Yatendra Singh Sisodia for Mr. Nitesh Rawat

For Respondent(s) :

JUSTICE ANOOP KUMAR DHAND

[CRES-136/2020]

(2 of 2)

Order

19/01/2026

The instant restoration application has been filed for restoration of S.B. Civil Misc. Appeal No.2066/2017 to its original number which came to be dismissed by the Registrar (Judicial) vide order dated 31.10.2018, in compliance of the per-emptory order passed by this Court dated 08.05.2018.

As per Office report, there is a delay of 640 days in filing of the instant restoration application.

Perusal of the restoration application goes to show that no reasonable and justified cause has been furnished by the appellant for filing the instant restoration application with such an inordinate delay. However, looking to the fact that important questions of law and facts are involved in the instant case and the same are required to be adjudicated on merits, this Court deems it just and proper to allow the instant restoration application and restore S.B. Civil Misc. Appeal No.2066/2017 to its original number.

Accordingly, the order dated 08.05.2018 passed by this Court is recalled and the instant restoration application is allowed, while issuing direction to the appellant to deposit a sum of Rs.2500/- (Rupees Twenty Five Hundred only) with the Munshi Welfare Association and place a receipt thereof on the record within a period of one week from today. Upon doing so, office is directed to restore S.B. Civil Misc. Appeal No.2066/2017 to its original number. Since the order passed by this Court dated 08.05.2018 is recalled, the consequential order dated 31.10.2018 passed by the Registrar (Judl.) does not survive.

(ANOOP KUMAR DHAND),J

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