[2025:RJ-JP:12188] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Misc. Restoration Application No. 1021/2024 In S.B. Civil Misc. Appeal No.1378/2020 Alwar Sahakari Bhoomi Vikas Bank, Branch Rajgarh, Alwar ----Applicant/Appellant Versus 1. Ramdulari W/o Shri Mohanlal, Aged About 32 Years, R/o Village Saloli, Tehsil Rajgarh, District Alwar Rajasthan 2. Mu. Bidam W/o Shri Kishornath, Aged About 59 Years, R/o Village Saloli, Tehsil Rajgarh, District Alwar Rajasthan. 3. Kishornath S/o Sundar Nath, Aged About 64 Years, R/o Village Saloli, Tehsil Rajgarh, District Alwar Rajasthan. 4. Santosh S/o Mohanlal., Aged About 9 Years, R/o Village Saloli, Tehsil Rajgarh, District Alwar Rajasthan. 5. Lokesh S/o Mohanlal, Aged About 6 Years, R/o Village Saloli, Tehsil Rajgarh, District Alwar Rajasthan. 6. Sushri Pinki Bai D/o Mohanlal, Aged About 13 Years, R/o Village Saloli, Tehsil Rajgarh, District Alwar Rajasthan. 7. Sushri Basbai D/o Mohanlal, Aged About 11 Years, R/o Village Saloli, Tehsil Rajgarh, District Alwar Rajasthan. 8. Radheshyam S/o Ramkaran, R/o Boochpuri, Tehsil Ramgarh, District Alwar, Rajasthan. 9. Ramkaran S/o Bala Ram, R/o Boochpuri, Tehsil Rajgarh, District Alwar Rajasthan. ----Respondents For Applicant : Mr. Mukesh Kumar Saini, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 18/03/2025 1. Matter comes up on an application (CMCC No.2043/2024) filed under Section 5 of the Limitation Act for condoning the delay in filing the restoration application. [2025:RJ-JP:12188] (2 of 2) [CRES-1021/2024] 2. For the reasons stated therein, the application for condonation of delay is allowed. Delay in filing the restoration application is condoned. 3. The present application has been filed by the applicant for restoration of S.B. Civil Miscellaneous Appeal No.1378/2020, which was dismissed in default, vide order dated 09.05.2024 passed by the Coordinate Bench of this Court. 4. Learned counsel for the applicant submits that earlier, Mr. Naval Singh Sikarwar was engaged as counsel in the miscellaneous appeal but unfortunately, he expired during pendency of the appeal, therefore, no one could appear before the Court to argue the matter on the date fixed for hearing and the miscellaneous appeal was dismissed in default vide order dated 09.05.2024 passed by the Coordinate Bench of this Court. 5. Learned counsel for the applicant submits that the applicant wants to contest the appeal on merits, therefore, the application be allowed and the appeal be restored to its original number. 6. For the reasons mentioned therein, the application is allowed and S.B. Civil Miscellaneous Appeal No.1378/2020 is restored to its original number. 7. Office to proceed. (ASHUTOSH KUMAR),J AARZOO ARORA /228-S.