No.1080750A Swr Nathu Singh vs Union Of India
2021 Latest Caselaw 17587 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Writ Restoration No. 315/2019

No.1080750A Swr. Nathu Singh S/o Shri Sain Singh, Aged About 56 Years, By Caste Rajput, C/o 56 Apo R/o Gadi Ki Dhani, Village And Post Belwa, Tehsil Shergarh, District Jodhpur.

----Petitioner Versus

1. Union Of India, Through Ministry Of Defence, New Delhi.

2. The Chief Of Army Staff, Army Headquarters, Dhq Po New Delhi. -11

3. General Officer, Commanding Chief, Headquarter, Western Command, Chandimandir.

4. General Officer Commanding, HQ 2 Corps C/o 56 APO

5. General Officer Commanding, HQ 22 Inf. Div. C/o 56 APO

6. Commanding Officer, 1 Horse C/o 56 APO

7. Commanding Officer, 65 Armd Regt. C/o 56 APO

----Respondents

For Petitioner(s) : Mr. J. Gehlot For Respondent(s) : Mr. Babu Lal Bishnoi

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE SAMEER JAIN

Order

24/11/2021 The Civil Special Appeal No.560/2008 preferred by the

appellant against the Judgment of General Court Marshall was

dismissed by this Court vide order dated 07.07.2017 for want of

prosecution as the counsel representing the appellant did not

appear. Now, the instant application for restoration has been

moved on the ground that the appellant's counsel Shri D.K.

Parihar had passed away on 10.01.2016 and thus, the appellant

was not represented before this Court. It is also submitted that

(2 of 2) [WRES-315/2019]

the appellant had no information regarding the matter being listed

on the particular day when the same was dismissed for want of

prosecution.

Considering the reasons set out in the restoration application

to be germane, the same is allowed and the D.B. Civil Special

Appeal No.560/2008 preferred by the appellant is restored to its

original number.

Office to proceed.

(SAMEER JAIN),J (SANDEEP MEHTA),J

16-Tikam/-

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