Rajasthan High Court - Jaipur
Sethani Umrav Kanwar vs Shyam Sundar on 8 January, 2013
Author: Prem Shanker Asopa
Bench: Prem Shanker Asopa
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH O R D E R S.B.CIVIL RESTORATION APPLICATION NO.276/2012 IN S.B. CIVIL SECOND APPEAL NO.938/2011 Sethani Umrao Kanwar, through her Legal Representative vs. Shyam Sunder & Ors.
DATE OF ORDER ::::: 08.01.2013 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr. Rahul Agarwal for the applicant. Application under Section 5 of the Limitation Act:
Heard learned counsel for the applicant on the application filed under Section 5 of the Limitation for condonation of delay of 85 days in filing the restoration application on the ground that the case was listed on 2nd December, 2011 but the same could not be marked, therefore, nobody on behalf of the appellant applicant appeared in the Court to attend the case and that as no one was present for the applicant, the per emptory order dated 2nd December, 2011 could not be complied with. However, when the case was listed before the Deputy Registrar (Judicial), the above facts came to the knowledge of counsel for the appellant and that the subsequent time has been consumed in preparation of the restoration application. Counsel for the appellant applicant submits that the delay in filing the restoration application is neither deliberate nor intentional. In my view, the aforesaid reason constitutes a sufficient cause for condonation of delay. Therefore, the application under Section 5 of the Limitation Act is allowed and the delay of 85 days in filing the restoration application is, condoned. Restoration application:
The reason shown in the application under Section 5 of the Limitation Act for non-appearance of counsel in the Court on 2nd December, 2011, not filing the restoration application in time, as well as non-compliance of the per emptory order dated 2nd December, 2011 is also a justified reason for allowing the restoration application. Consequently, the restoration application is also allowed and the appeal is restored to its original number. (PREM SHANKER ASOPA)J. Bairwa all corrections made in the judgment/order have been incorporated in the judgment/order being emailed Kailash Chandra Bairwa Sr.P.A