Allowed

Smt. Gulli Devi W/O Late Sh. Kailash Gurjar v. Suresh Gurjar S/O Sh. Badri Narayan Gurjar

Rajasthan HC6 Feb 2026CRES/83/2025

Case brief

AI extract

What is this about?

This judgment allowed a restoration application and the accompanying stay of execution under Section 5 of the Limitation Act despite 2532 days of delay, conditioned on the deposit of Rs.7000/- for the welfare of Advocate Clerks.

What did the court decide?

Restoration of S.B. Civil Misc. Appeal No.3507/2015 allowed subject to a deposit of Rs.7000/- for Advocates' Clerks.

Smt. Gulli Devi W/O Late Sh. Kailash Gurjar… — Civil Procedure and Limitation | Rajasthan HC (2026)

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[2026:RJ-JP:5649]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Restoration Application No.83/2025

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S.B. Civil Misc. Appeal No.3507/2015

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Smt. Gulli Devi W/o Late Sh. Kailash Gurjar, Aged About 45 Years, R/o Dhani Mindala, Tan Bajrang Pura, Tehsil Virat Nagar, Distt. Jaipur, Raj.

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Smt. Nathi Devi W/o Late Sh. Shree Ram Gurjar, Aged About 70 Years, R/o Dhani Mindala, Tan Bajrang Pura, Tehsil Virat Nagar, Distt. Jaipur, Raj.

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Kumari Santosh D/o Late Sh. Kailash Gurjar, Aged About 27 Years, R/o Dhani Mindala, Tan Bajrang Pura, Tehsil Virat Nagar, Distt. Jaipur, Raj.

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Krishana D/o Late Sh. Kailash Gurjar, Aged About 26 Years, R/o Dhani Mindala, Tan Bajrang Pura, Tehsil Virat Nagar, Distt. Jaipur, Raj.

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Dinesh S/o Late Sh. Kailash Gurjar, Aged About 20 Years, R/o Dhani Mindala, Tan Bajrang Pura, Tehsil Virat Nagar, Distt. Jaipur, Raj.

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----Petitioners

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Versus

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Suresh Gurjar S/o Sh. Badri Narayan Gurjar, R/o E-32, Anand Puri, Adarsh Nagar, Moti Dungari, Jaipur (Driver Of Maruti Sift No. Rj-24-Ca-0552)

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Dalip Mishra S/o Sh. B.n. Mishra, R/o Shanti Kunj, Opposite Of Global Hospital, Mount Abu, Abu Road, Distt. Sirohi, Raj. (Owner Of Maruti Sift No. Rj-24Ca-0552)

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Rajesh Saini S/o Sh. Surajmal Saini, R/o 4/34, Purana Ghat, Agara Road, Jaipur (Power Of Attorney Holder Of Maruti Sift No. Rj-24-Ca-0552)

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Chola Mandalam Insurance Co. Ltd., Through Regional Manager, R/o M.s. General Insurance Co. Plot No. 06, First Floor, Near 81 Of Metro Pillar, Pusa Road, New Delhi (Insurance Co. Of Maruti Sift No. Rj-24-Ca-0552)

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----Respondents

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[2026:RJ-JP:5649] For Petitioner(s)	(2 of 3) : Mr. Ram Sharan Sharma	[CRES-83/2025]
For Respondent(s)	:

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JUSTICE ANOOP KUMAR DHAND

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Order

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06/02/2026

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The instant restoration application has been submitted for restoration of S.B. Civil Misc. Appeal No.3507/2015 to its original number.

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Counsel for the applicants-appellants submits that the main appeal was dismissed on account per-emptory order dated 01.09.2017 by the consequential order dated 14.02.2018.

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The instant restoration application has been submitted with an inordinate delay of 2532 days along with an application submitted under Section 5 of the Limitation Act seeking condonation of delay.

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This Court is not satisfied with the explanation given for the inordinate delay of 2532 days, however, looking to the fact that important questions of law and facts are involved in the main appeal, the application submitted under Section 5 of the Limitation Act as well as the instant restoration application stand allowed with the direction to the applicants-appellants to deposit a sum of Rs.7000/- (Rupees Seven Thousand only) with the Munshi Welfare Association, Rajasthan High Court, Jaipur within a period of seven days from today and the said

(3 of 3)

[2026:RJ-JP:5649]

[CRES-83/2025]

amount would be utilized for the welfare of the Advocates’ Clerks.

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In case, receipt of the cost i.e. Rs.7000/- is furnished by the applicants-appellants in the Registry, the Registry is directed to restore the S.B. Civil Misc. Appeal No.3507/2015 to its original number and proceed further.

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(ANOOP KUMAR DHAND),J

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KuD/94

Smt. Gulli Devi W/O Late Sh. Kailash Gurjar v. Suresh Gurjar S/O Sh. Badri Narayan Gurjar

Case brief

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Smt. Gulli Devi W/O Late Sh. Kailash Gurjar v. Suresh Gurjar S/O Sh. Badri Narayan Gurjar

Case brief

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