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2025 DAILYLAW 30108 (RAJ)

SMT. SHANTI DEVI W/O RAMSINGH (SINCE DECEASED) v. UDAIVEER SHARMA S/O SHRI JASRAM SHARMA

CRES/126/2021 · 2025-04-23

Ganesh Ram Meena

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:17090] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 126/2021 IN S.B. Civil Misc. Appeal No.5671/2018 1. Smt. Shanti Devi W/o Ramsingh (Since Deceased), R/o Meharishi Nagar, Murwara Road, Bharatpur (Raj.). 2. Ramsingh S/o Shri Ramchand (Since Deceased), R/o Meharishi Nagar, Murwara Road, Bharatpur (Raj.). 3. Kumari Mamta, Aged About 24 Years, R/o Meharishi Nagar, Murwara Road, Bharatpur (Raj.). 4. Kumari Bhuri, Aged About 23 Years, R/o Meharishi Nagar, Murwara Road, Bharatpur (Raj.). 5. Yogesh, Aged About 22 Years, R/o Meharishi Nagar, Murwara Road, Bharatpur (Raj.). 6. Dharmendra, Aged About 21 Years, R/o Meharishi Nagar, Murwara Road, Bharatpur (Raj.). 7. Kumari Anju, Aged About 19 Years, R/o Meharishi Nagar, Murwara Road, Bharatpur (Raj.). ----Petitioners Versus 1. Udaiveer Sharma S/o Shri Jasram Sharma, R/o C-31, Janakpuri Mohali Road, Mathura (U.p.) (Owner Of Vehicle No. Rj-05-Ga-3436) 2. Ashok Kumar Son Of Shri Premsingh, R/o Nagla Sampat Mat, Mathura (U.p.) (Driver Of Vehicle No. Rj-05-Ga- 3436). 3. Magma Hdi General Insurance Company Ltd., Service, Through Legal Manager, Magma House, 24 Park Street, Kolkata- 700016. (Insurance Company Of Vehicle No. Rj- 05-Ga-3436) ----Respondents For Petitioner(s) : Mr. Anshul Sharma For Respondent(s) : HON'BLE MR. JUSTICE GANESH RAM MEENA [2025:RJ-JP:17090] (2 of 2) [CRES-126/2021] Order 23/04/2025 Application bearing No.1080/2021 has been filed by the applicants under Section 5 of the Limitation Act for condonation of delay in filing the restoration application. In view of the submissions made by learned counsel for the applicants and for the reasons mentioned in the application No.1080/2021, same is allowed and delay in filing the restoration application is condoned. The present restoration application has been filed by the applicants for restoration of the S.B. Civil Misc. Appeal No.5671/2018, which was dismissed vide order dated 26.04.2019 in further of the peremptory order dated 22.02.2019 for want of removing the defect/s. In view of the submissions made by learned counsel for the applicants and for the reasons mentioned in the restoration application, same is allowed and S.B. Civil Misc. Appeal No.5671/2018 is ordered to be restored at its original number. (GANESH RAM MEENA),J ARTI SHARMA /48