Khem Chand vs Rameshwar And Others ...
2023 Latest Caselaw 5376 Raj/2

[2023:RJ-JP:25450]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Restoration Application No. 386/2013

                                           In

                     S.B. Civil Second Appeal No.78/2012

Khem Chand S/o Mali Ram Verma, aged about years 68 years,
R/o Choudhary Colony, Near Maszid, Khetri Nagar, Manota
Khurd, Tehsil Khetri, District Jhunjhunu.
                                                               ----Appellant-Plaintiff
                                        Versus
1. Rameshwar S/o Bhoma Ram, R/o Choudhary Colony, Near
Maszid, Khetri Nagar, Manota Khurd, Tehsil Khetri, District
Jhunjhunu (Deceased)
2. Smt. Nani Bai W/o Rameshwar, R/o Choudhary Colony, Near
Maszid, Khetri Nagar, Manota Khurd, Tehsil Khetri, District
Jhunjhunu (Deceased)
2/1 Surendra S/o Rameshwar Lal
2/2 Narendra Singh S/o Rameshwar Lal
2/3 Samesh S/o Rameshwar Lal
2/4 Devendra S/o Rameshwar Lal
2/5 Rajkor D/o Rameshwar Lal
All permanent residents of Dabari Baloda, Tehsil Nawalgarh, at
present Manota, Khurd, Tehsil Khetri, District Jhunjhunu (Raj.)
                                                    ----Respondents-Defendants

For Petitioner(s) : Mr. G.S. Gill with Mr. Manoj Choudhayr, Mr. Chandan Ahuja For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

27/09/2023 This restoration application, which is reported to be time

barred by 357 days, is accompanied with an application under

Section 5 Limitation Act, 1963.

[2023:RJ-JP:25450] (2 of 2) [CRES-386/2013]

Although, the reasons assigned in the application are not

satisfactory to condone the inordinate delay of about a year;

however, in the interest of justice, the delay is condoned subject

to cost of Rs.5,000/-.

For the reasons stated in the restoration application, the

same is allowed subject to cost of Rs.5,000/-. The orders dated

09.05.2012 & 17.07.2012 are recalled. The civil second appeal

no.78/2012 shall stand restored to its original number provided

the needful is done therein and the aforesaid cost of Rs.5000

+5000 is deposited by the appellant in the Litigants Welfare Fund

within a period of four 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/187

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