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2025 DAILYLAW 23607 (RAJ)

RAJESHWARI DEVI v. SRINATH AND ORS

CRES/713/2012 · 2025-08-12

Narendra Singh Dhaddha

body2025

Judgment text

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[2025:RJ-JP:31241] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 713/2012 1. Smt. Rajeshwari Devi W/o Shri Brij Behari Tikkiwal, Tholiya Circle,near Panch Batti, M.i. Road, Jaipur 2. Smt. Geeta Devi W/o Shri Ram Lal Tikkiwal, Tikkiwal Ka Rasta, Chaukari Topkhana Desh, Jaipur 3. Smt. Saraswati Devi W/o Shri Inder Prakash Tikkiwal Gupta, Tikkiwal Ka Rasta, Jaipur 4. Shankar Lal S/o Shri Gopal Das Gupta, Tikkiwal Ka Rasta, Jaipur 5. Smt. Urmila W/o Shri Harish Chand Tikkiwal, M.i. Road, Jaipur 6. Smt. Urmila W/o Shri Harish Chand Tikkiwal, M.i. Road, Jaipur 7. 7/1. Brij Behar Deceased Through Lrs Raj Behari Son of Late Shri Brij Behari Tikkiwal, resident of Tholiya Circle, Panch Batti, M I Road, Jaipur ----Petitioners Versus 1. 1/1. Sri Nath Deceased Through Lrs- Giriraj Prasad Agarwal son of Late Shri Srinath, resident of Sethnamalji Ka Chowk, Kundiggar Bhaironka Rasta, Jaipur C/o Rajesh & Company, MI Road, Jaipur 2. Smt. Jayaben W/o Late Shri Mohan Lal, Opp. State Bank Of Bikaner And Jaipur, Collectorate Branch, Bani Park, Jaipur 3. Jaysukh S/o Late Shri Mohan Lal Gujmarati, Opp. State Bank Of Bikaner And Jaipur, Collectorate Branch, Bani Park, Jaipur 4. Chandra Kant S/o Late Shri Mohan Lal Gujmarati, Opp. State Bank Of Bikaner And Jaipur, Collectorate Branch, Bani Park, Jaipur ----Respondents For Petitioner(s) : Mr. M M Ranjan, Sr. Adv. with Mr. Rohan Agarwal, Adv. For Respondent(s) : Mr. P C Jain, Adv. Mr. Rishi Parashar, Adv. [2025:RJ-JP:31241] (2 of 2) [CRES-713/2012] HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 12/08/2025 1. Matter comes up on an application (I.A. No. 1/2023) under Order 22 Rule 2 CPC for deleting the name of respondent No. 2 Jayaben from the array of the respondent. 2. Learned senior counsel for the appellant(s) submits that the respondent No. 2 Jayaben died and her legal heirs are already on record. So, name of respondent No. 2 Jayaben be deleted. 3. Application is allowed for the reasons stated therein the word “since deceased” is ordered to be inserted against the name of respondent No. 2 Jayaben. Amended cause title filed with application is taken on record. 4. Application under section 5 of the Limitation Act is allowed for the reasons mentioned therein and delay of 167 days in filing the restoration application is condoned. 5. Having regard to the submissions made in the restoration application, the same is allowed and the appeal is ordered to be restored at its original number, subject to deposition of cost of Rs.2,000/- by the petitioner with the Rajasthan State Legal Services Authority and filing a receipt thereof in the registry within three weeks from today. (NARENDRA SINGH DHADDHA),J Tahir.17