Prem Chand Chopra vs Smt Sita Devi And Others
2022 Latest Caselaw 19 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 2214/2015

Prem Chand Chopra
                                                                  ----Appellant
                                   Versus
Smt Sita Devi And Others
                                                                ----Respondent

Connected With S.B. Civil Miscellaneous Appeal No. 2652/2019 Smt. Sitadevi W/o Late Jagdish

----Appellant Versus Shri Indraj S/o Shriram

----Respondent

For Appellant(s) : Mr. Vikas Kabra through VC For Respondent(s) : Mr. Praveen Kumar Jain

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

03/01/2022

S.B. Civil Miscellaneous Appeal No. 2214/2015:-

The appellant has filed an application for early listing of the

appeal, the same is allowed.

This appeal has been filed by the owner of vehicle assailing

the judgment and award dated 18th October, 2013. The appeal was

delayed, therefore, an application under Section 5 of Limitation

Act was also filed and on the application, notices were issued to

the respondents vide order dated 2nd August, 2017 but the same

have not been served so far. As far as respondent Nos.1 & 2 are

concerned, counsel-Mr. Praveen Kumar Jain puts in appearance on

there behalf hence, no need to issue notices. For respondent No.3,

(2 of 2) [CMA-2214/2015]

the appellant has filed a separate application seeking his

transposition as appellant. The orders on this application would be

passed after service of notices upon the remaining respondents.

Issue fresh notice of application under Section 5 of Limitation

Act as also of appeal to the respondent No.4 to 7, returnable

within four weeks. Notices be filed in two sets one to be served by

ordinary process and another by registered post.

S.B. Civil Miscellaneous Appeal No. 2652/2019:-

This appeal has been filed by the claimants for enhancement

of amount of compensation. The appeal is delayed, therefore a

separate application under Section 5 of Limitation Act has also

been filed.

Issue notice to the respondents of application under Section

5 of Limitation Act as also of appeal, returnable within four weeks.

Notices be filed in two sets one to be served by ordinary

process and another by registered post.

As far as respondent Nos.1 & 2 (owner and driver of vehicle)

are concerned Advocate Mr. Vikas Kabra puts in appearance,

therefore no need to issue notices to respondent Nos.1 & 2. Notice

be only issued to the remaining respondents.

(SUDESH BANSAL),J

SAURABH/18-19

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