Municipal Corporation, ... vs Pratap Singh S/O Shri Babulal, ...
2023 Latest Caselaw 6327 Raj/2

[2023:RJ-JP:31987]

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

            S.B. Civil Restoration Application No. 228/2023

                                            In

                     S.B. Civil Second Appeal No.05/2023

Municipal      Corporation,          Bharatpur,         Through      Commissioner,
Municipal Corporation Bharatpur, Rajasthan.
                                                            ----Appellant/Applicant
                                        Versus
Pratap Singh S/o Shri Babulal, R/o Outside B-Narayan Gate,
Bharatpur, Rajasthan.
                                     ----Respondent/Plaintiff/Non Applicant

For Petitioner(s) : Mr. J.K. Moolchandani For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

31/10/2023

This restoration application, which is reported to be time

barred by 43 days, is accompanied with an application under

Section 5 of the Limitation Act, 1963 seeking condonation of

delay.

For the reasons stated in the application (1416/2023), the

same is allowed. Delay in preferring the restoration application is

condoned subject to cost of ₹2,500/-.

For the reasons stated in the restoration application, the

same is allowed subject to cost of Rs.2,500/-.

The orders dated 30.05.2023 passed by this Court &

21.07.2023 passed by the Registrar (Judl.) are recalled. The SB

Civil Second Appeal No.05/2023 shall stand restored to its original

[2023:RJ-JP:31987] (2 of 2) [CRES-228/2023]

number provided the defect(s) in it is cured and the aforesaid cost

of ₹5,000/- (₹2,500/- + ₹2,500/-) is deposited by the

applicant/appellant with the Litigants Welfare Fund within a period

of three weeks from today failing which this order shall stand

recalled and the restoration application shall stand dismissed

without reference to the Court.

(MAHENDAR KUMAR GOYAL),J

Manish/109

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