Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 21699 (RAJ)

SMT. PRABHATI DEVI v. LAL CHAND S/O SHRI KISHAN CHAND

CRES/248/2025 · 2025-07-22

Ganesh Ram Meena

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:27286] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 248/2025 IN S.B. Civil Misc. Appeal No.1246/2020 1. Smt. Prabhati Devi, Aged About 54 Years, W/o Late Prabhudayal, 2. Kaluram Saini S/o Late Shri Prabhu Dayal, Aged About 29 Years, All Are R/o Pavra Ki Dhani, Ward No. 52, Tejaji Ke Mandir Ke Pass, Jaysinghpura Khor, Jaipur (Rajasthan) 3. Ghanshyam Saini, Aged About 32 Years, S/o Late Shri Prabhu Dayal, ----Petitioners Versus 1. Lal Chand S/o Shri Kishan Chand, R/o 1279, Khejdo Ka Rasta, Chandpole Bazar, Jaipur (Driver Of Vehicle No. Rj- 14-T-6366) 2. Rajendra Singh S/o Shri Gyan Singh, R/o Plot No. 23, Shyampura, Kali Pahadi, Tehsil Amer, District Jaipur. (Registered Owner Of Vehicle No. Rj-14-T-6366) 3. Ram Singh S/o Shri Gyan Singh, R/o Plot No. 23, Shyampura, Kali Pahadi, Tehsil Amer, District Jaipur (Power Of Attorney Holder Of Vehicle No. Rj-14-T-6366) 4. Reliance General Insurance Company Limited, Through Its Regional Manager, Makers Tower, Nityanand Nagar, Queens Road, Police Station Vaishali Nagar, Jaipur. (Insurance Company Of Vehicle Pickup Jeep No. Rj-14-T- 6366) ----Respondents For Petitioner(s) : Mr. Udit Kirori For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA Order 22/07/2025 [2025:RJ-JP:27286] (2 of 2) [CRES-248/2025] 1. An application bearing No.1280/2025 has been filed by the applicants/appellants under Section 5 of the Limitation Act for condonation of delay of one hundred forty one (141) days’ in filing the restoration application. 2. In view of the submissions made by learned counsel for the applicants/appellants and for the reasons mentioned in the application bearing No.1280/2025 filed under Section 5 of the Limitation Act for condonation of delay, same is allowed and the delay of one hundred forty one (141) days’ in filing the restoration application is condoned. 3. The present civil restoration application has been filed by the applicants/appellants for restoration of S.B. Civil Misc. Appeal No.1246/2020, which was dismissed vide order dated 19.12.2024 in furtherance of peremptory order dated 24.01.2024 for want of removing the defect/s. 4. Heard. 5. Considered the submissions made at bar. 6. Taking into consideration the submissions made by counsel for the applicants/appellants and for the reasons mentioned in the restoration application, same is allowed at the cost of Rs.1000/- and it is ordered that S.B. Civil Misc. Appeal No.1246/2020 be restored at its original number and position. 7. The appellants/applicants shall deposit the cost of Rs.1000/- with the Rajasthan High Court Munshi Sangh Jaipur Bench and shall submit the receipt of the same with the Registry. (GANESH RAM MEENA),J ARTI SHARMA /33