[2025:RJ-JP:10121] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 7/2025 in S.B. Civil First Appeal No.159/2008 Arun Gupta S/o Late Shri Krishna Avtar Gupta, R/o Chaupar Bazar, Old Sabji Mandi, Rajgarh, District Alwar ----Petitioner Versus 1. Rambabu S/o Late Shri Mulchand, Aged About 46 Years, R/o Mohalla Thathera, Rajgarh, District Alwar (For Self And As Legal Representative Of Deceased Plaintiff Smt. Ramadevi). 2. Smt. Suraj Devi D/o Late Shri Kanhaiyalal Gothwal, (Expired) Through Legal Representatives 2/1. Smt. Sita Sharma W/o Shri Subhash Sharma, R/o C-68, Karamchari Colony, Alwar 2/2. Smt. Uma Gautam W/o Shri Kumresh Gautam, C/o Shivchand Cpo, Badri Bhawan, Jat Colony, Navalgarh Road, Sikar 2/3. Shri Hitesh Sharma S/o Shri Manoharlal, R/o Malan Ki Gali, Alwar 3. Smt. Vidyadevi D/o Late Shri Kanhaiyalal Gothwal, W/o Shri Govind Sharan Kaushik R/o Village Bahadurpur, District Alwar 4. Banwari Lal S/o Late Shri Kanhaiyalal Gothwal, R/o Rajgarh, Presently Residing At 186, Gopalpura, Bye-Pass Road, Jaipur 5. Raghuveer Prasad S/o Late Shri Kanhaiyalal Gothwal, R/o Gothwali Gali, Rajgarh, District Alwar ----Respondents For Petitioner(s) : Mr. N K Maloo, Sr. Adv. with Mr. Harsh Pratap Singh and Mr. Ajay Singh Rajawat For Respondent(s) : [2025:RJ-JP:10121] (2 of 3) [CRES-7/2025] HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 06/03/2025 This restoration application has been filed for restoration of S.B. Civil First Appeal No.159/2008. Along with the said application, an application under Section 5 of the Limitation Act has been filed for condonation of delay of 627 days. Learned Sr. counsel for the applicant submits that delay in filing the restoration application is unintentional. So, in the interest of justice, delay of 627 days in filing the restoration application may be condoned. Heard learned counsel for the applicant on the application under Section 5 of the Limitation Act. The reasons given in the application under Section 5 of the Limitation Act are reproduced as under:- “4. That applicant Arun Gupta son of Shri Krishna Avtar Gupta (who also expired on 12.05.2014) received a notice from the execution court on 10.12.2024 for appearance on 07.01.2025. Thereafter he immediately came to Jaipur and searched about the case and the counsel. Than he was informed by the counsel about the letter sent to take steps about date of death of respondent No. 1. He also enquired from appellant No. 2 about the letter sent by the undersigned counsel but he informed that he didn’t receive any letter. 5. That the applicant came to know that the appeal has been dismissed on 02.03.2023 due to pre-emptory order only a few days back. 6. That the suit property was purchased by appellant No. 3 from appellants Nos. 1 and 2. The appellant Nos. 1 and 3 have expired. Appellant No. 2 is not taking interest after having sold the property. The appellant No. 3 also expired on 12.05.2014. He had two sons namely Pankaj and Arun. Pankaj also expired on 08.08.2022. Pankaj and Arun had no knowledge about pendency of any case. They always believed that the shop is owned by them due to purchase. The following [2025:RJ-JP:10121] (3 of 3) [CRES-7/2025] are legal representatives of deceased appellant No. 3:- 1. Arun Kumar Gupta (son) 2. Smt. Hemlata W/o Late Shri Pankaj Gupta For which a separate application has been filed. 7. That in these circumstances the restoration application could not be filed earlier. It is being filed soon after getting knowledge about the case upon receiving notice of the execution. Thus the delay is bonafide and unintentional and deserves to be condoned in the interest of justice.” The applicant has not shown any plausible cause for filing the present restoration application after an inordinate delay of 627 days. Nothing has been mentioned as to when the appellant came to know about dismissal of the appeal. Entirely vague averments have been made. So, I do not consider it a fit case to condone the inordinate delay of 627 days. Thus, application filed by the applicant for condonation of 627 days delay in filing the restoration application is devoid of merit and liable to be dismissed, which stands dismissed accordingly. Consequent upon the dismissal of the application under Section 5 of the Limitation Act, the restoration application also stands dismissed. (NARENDRA SINGH DHADDHA),J Tahir/68