Gurmeet Singh vs Jaswant Kaur
2021 Latest Caselaw 15817 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Restoration No. 99/2020

Gurmeet Singh S/o Shri Inder Singh, Aged About 39 Years, B/c Raisikh, R/o 3/103, Rajasthan Housing Board Colony, Suratgarh, District Sri Ganganagar, Rajasthan.

----Petitioner Versus Jaswant Kaur W/o Shri Gurmeet Singh, D/o Shri Ganga Singh, B/c Raisikh, R/o 3/113, Rajasthan Housing Board Colony, Suratgarh, District Sri Ganganagar, Rajasthan At Present Residing At 44, Hardeep Singh Colony, Near Basanti Chowk, Sri Ganganagar And Village Tutawali, Sub Division Sarvar Khuiyan, Tehsil Abohar, District Fazilka, Punjab.

                                                                  ----Respondent


For Petitioner(s)         :     Mr. Himanshu Shrimali
For Respondent(s)         :

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE SUDESH BANSAL

Judgment / Order

20/10/2021

Having heard learned counsel for the petitioner, the

application under Section 5 of the Limitation Act is allowed. The

delay of 208 days in filing this restoration application is condoned.

Learned counsel for the petitioner has submitted that the

petitioner has failed to file application under Section 5 of the

Limitation Act along with the Civil Misc. Appeal No.880/2017

inadvertently. It is also submitted that the delay in filing Civil Misc.

Appeal was not intentional.

Taking into consideration the above facts, this restoration

application is allowed. Civil Misc. Appeal No.880/2017 is restored

(2 of 2) [CRES-99/2020]

to its original number subject the condition that the appellant shall

remove the defects in the referred appeal within a period of one

week.

Office to proceed.

(SUDESH BANSAL),J (VIJAY BISHNOI),J

2-Arun/-

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