[2025:RJ-JP:28508] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 1001/2024 In S.B. Civil Miscellaneous Appeal No.4980/2015 Ram Pal Son Of Manya, Aged About 62 Years, Resident Of Dhooni Dhirajpura (Anuppura) Tehsil Lalsot, District Dausa (Raj.) Since Deceased Through His Legal Heir. 1/1. Gopal Son Of Rampal, Resident Of Dhooni Dhirajpura (Anuppura), Tehsil Lalsot, District Dausa (Raj.). ----Applicant/Appellant Versus 1. Narayan Son Of Kana, Aged About 43 Years, Resident Of Dhooni Dhirajpura, Tehsil Lalsot, District Dausa (Raj.). 2. Ravi Son Of Narayan, Aged About 9 Years, Minor Through Their Natural Guardian Father Narayan Son Of Kana, Resident Of Dhooni Dhirajpura, Tehsil Lalsot, District Dausa (Raj.). 3. Prasadi Son Of Naryan, Aged About 15 Years, Minor Through Their Natural Guardian Father Narayan Son Of Kana, Resident Of Dhooni Dhirajpura, Tehsil Lalsot, District Dausa (Raj.). 4. Kaisula Daughter Of Narayan, Aged About 12 Years, Minor Through Their Natural Guardian Father Narayan Son Of Kana, Resident Of Dhooni Dhirajpura, Tehsil Lalsot, District Dausa (Raj.). ---Non-applicants/claimants/respondents 5. Remesh Son Of Ram Sahay, Aged About 33 Years, Profession Driver, Resident Dhooni Dhirajpura (Anuppura), Tehsil Lalsot, District Dausa (Raj.). ----Non-applicant/driver-respondent 6. Tunda Son Of Nanga, Aged About 73 Years, Resident Of Dhooni Dhirajpura (Anuppura), Tehsil Lalsot, District Dausa (Raj.). 7. Gulya Son Of Nanga, Aged About 53 Years, Resident Of Dhooni Dhirajpura (Anuppura), Tehsil Lalsot, District Dausa (Raj.). (Deceased) ----Non-applicants/non-claimants/respondents 8. New India Insruance Company, Branch Office Near Punam [2025:RJ-JP:28508] (2 of 3) [CRES-1001/2024] Cinema, Dausa (Insurer Tractor No. RJ-29-R-5560). ----Non-applicant/Company-Respondent For Petitioner(s) : Mr. Ashindra Gautam For Respondent(s) : Mr. Lokesh Parihar HON'BLE MR. JUSTICE MANEESH SHARMA Order 29/07/2025 1. Matter comes up on an application (IA No.2/2025) filed by the applicant/appellant under Order 22 Rule 2 read with Section 151 of the CPC for deletion the name of the non- applicant/non-claimant/respondent No.7-Gulya S/o Nanga, and for adding word “deceased” in front of the name of non- applicant/non-claimant/respondent No.7-Gulya S/o Nanga, and another application (IA No.1984/2024) filed by the applicant/appellant under Section 5 of the Limitation Act for condonation of delay in filing the restoration application. 2. Learned counsel for the applicant/appellant submits that the non-applicant/non-claimant/respondent No.7-Gulya S/o Nanga has expired on 13.08.2016, therefore, the “deceased” word may be added against his name and the delay of 279 days in filing the restoration application be condoned. 3. Heard and considered the submissions so advanced, in the interest of justice, both the applications are allowed. Accordingly, the word “deceased” in front of the non- applicant/non-claimant/respondent No.7- Gulya S/o Nanga be mentioned in the cause title of the case and in the interest of justice, for the reasons assigned in the application for [2025:RJ-JP:28508] (3 of 3) [CRES-1001/2024] condonation of delay, the delay of 279 days in filing the restoration application is condoned. 4. Amended cause title annexed with the application, is taken on record. 5. Heard on the restoration application filed by the applicant/appellant. 6. For the reasons mentioned in the application, the same is allowed. S. B. Civil Miscellaneous Appeal No.4980/2015 is ordered to be restored to its original number. 7. Office to proceed further. (MANEESH SHARMA),J Seema/27