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2025 DAILYLAW 32832 (RAJ)

THE NEW INDIA ASSURANCE COMPANY LIMITED v. JITENDER KUMAR S/O BIHARI LAL CHECHARA

CRES/271/2023 · 2025-04-09

Maneesh Sharma

body2025

Judgment text

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[2025:RJ-JP:15931] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 271/2023 In S.B. Civil Miscellaneous Appeal No.2386/2015 The New India Assurance Company Limited, Having Its Regional Office, Nehru Palace, Tonk Road, Jaipur Through Its Constituted Attorney. ----Appellant-Applicant Versus 1. Jitender Kumar S/o Bihari Lal Chechara, Aged About 38 Years, R/o Ward No. 18 Mandava Tehsil And District Jhunjhunu 2. Pikki W/o Jitender Kumar S/o Bihari Lal, Aged About 36 Years, R/o Ward No. 18 Mandava Tehsil And District Jhunjhunu 3. Dharampal S/o Surgyan, Aged About 37 Years, R/o Ward No. 08, Udaipurwati Tehsil Udaipurwati Distt. Jhunjhunu (Raj.) (Driver Of Truck No. Rj-14-G-4094) 4. Ghasi Ram Saini S/o Sawalram Saini, Aged About 61 Years, R/o Chirana Deviupur Bani Tehsil Udaipurwati Distt. Jhunjhunu (Driver And Owner Of Truck No. Rj-14-G-4094) ----Respondents For Petitioner(s) : Mr. Vimal Kumar Yadav for Mr. Rishipal Agarwal For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 09/04/2025 Learned counsel for the applicant submits that due to inadvertence proper application with regard to service upon respondent No.3-Dharampal could not be filed. Learned counsel further submits that respondent No.3-Dharampal being an [2025:RJ-JP:15931] (2 of 2) [CRES-271/2023] absconder is untraceable. Therefore, the correct notice was not available with the appellant. Having considered the submissions so advanced and for the reasons mentioned in the restoration application, the same is allowed. S. B. Civil Miscellaneous Appeal No.2386/2015 is ordered to be restored to its original number. (MANEESH SHARMA),J Seema/116