Jr. Engineer Irrigation Deptt. ... vs Suresh Chand Throuth Lr ...
2023 Latest Caselaw 5318 Raj/2

[2023:RJ-JP:25136]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Restoration Application No. 236/2017

                                        In

                 S.B. Civil Second Appeal No.734/2011

1.       Superintendent Engineer, Irrigation Department, Distt.
         Bharatpur And Others
2.       Assistant Engineer, Irrigation Department Sub Division
         Nagar, Distt. Bharatpur
3.       Junior Engineer, Irrigation Department, Distt. Bharatpur
                                                                   ----Petitioners
                                    Versus
1.       Suresh Chand Since Deceased
1/1      Smt. Rajesh Widow Of Late Shri Suresh Chand,
1/2      Prahlad S/o Late Shri Suresh Chand,
1/3      Amit Kumar S/o Late Shri Suresh Chand,
1/4      Smt. Satyavati D/o Late Shri Suresh Chand,
1/5      Smt. Shakuntala D/o Late Shri Suresh Chand,
         All are Residents of Town Nagar, Distt. Bharatpur
                                                                 ----Respondents

For Petitioner(s) : Mr. Vivek Tyagi, Dy.G.C.

For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

26/09/2023 This restoration application, which is reported to be time

barred by 61 days, is accompanied with an application under

Section 5 Limitation Act, 1963.

Although, the reasons assigned in the application are not

satisfactory for condoning the inordinate delay; however, in the

[2023:RJ-JP:25136] (2 of 2) [CRES-236/2017]

interest of justice, the same is allowed subject to deposition of a

cost of Rs.5,000/- 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.5,000/-. The orders dated

17.02.2017 & 12.04.2017 are recalled. The civil second appeal

no.734/2011 shall stand restored to its original number provided

the needful is done therein and the aforesaid cost is deposited

with the Litigants Welfare Fund within a period of two 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

Sudha/355

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