Rajasthan State Road Transport ... vs Geegaram S/O Shri Dabaram, ...
2023 Latest Caselaw 5246 Raj/2

[2023:RJ-JP:24861]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Restoration Application No. 404/2019
                                        In
                 S.B. Civil Second Appeal No.252/2003

1. Rajasthan State Road Transport Corporation through its
Managing Director
2. Regional Manager, Rajasthan State Road Transport
Corporation, Bharatpur
                                    ----Applicants-Appellants-Defendants
                                     Versus
Geegaram S/o Shri Dabaram, R/o Pipliakalan, Tehsil-Raipur,
District-Pali, Rajasthan
                                  ----Non-Applicant-Respondent-Plaintiff

For Petitioner(s) : Mr. Rajpal Dhankar for Mr. Pratap Singh For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

22/09/2023

This restoration application, which is reported to be time

barred by 868 days, is accompanied with an application under

Section 5 of the Limitation Act, 1963.

Although, the reasons assigned in the application are not

satisfactory for condoning the inordinate delay; however, in the

interest of justice, the delay in preferring the restoration

application is condoned subject to deposition of a cost of

Rs.10,000/- with the Litigants Welfare Fund.

Accordingly, the application is allowed. Delay is condoned

subject to deposition of aforesaid cost.

For the reasons stated in the restoration application, the

same is allowed subject to cost of Rs.5000/-. The order dated

(2 of 2) [CRES-404/2019]

17.05.2017 passed by this Court is recalled. The civil second

appeal shall stand restored to its original number provided the

cost is deposited by the appellants with the Litigants Welfare Fund

within a period of two weeks from today failing which this order

shall stand recalled and the civil restoration application shall stand

dismissed without reference to the Court.

(MAHENDAR KUMAR GOYAL),J

Sudha/74

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