[2025:RJ-JP:41764] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 394/2025 In S.B. Civil First Appeal No. 49/2018 Rathore Contractor, -Through Poprieter Owner Intjam Son of Abdul Hakim, age 56 Yrs Resident of Deshwali Mohalla Sarkari Tuti Ke Pas Todaraisingh Presently Rathore Contractor RHC Block. Gehlot Road Idgah Ke Pas Tonk District Tonk (Raj). ----Petitioner Versus Peerbaksh Ramzani, Lawa Proprietor Owner Ramzani Son of Peerbaksh Resident of Lawa Tehsil Malpura District Tonk (Raj). ----Respondent For Petitioner(s) : Mr. Surendra Singh For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 13/10/2025 1. Instant Civil Misc. Restoration Application along with application under Section 5 of the Limitation Act, has been filed praying to condone the delay in filing the restoration application and to restore the S.B. Civil First Appeal No. 49/2018 on its original registration number to proceed the first appeal on merits. 2. The first appeal was filed against the decree for recovery of money and notices to the respondent-plaintiff was issued, but for want of providing fresh address, appeal was dismissed for non- compliance of the peremptory order dated 26.04.2024. 3. Counsel for applicant states that address of respondent- plaintiff decree holder as provided in the memo of appeal is [2025:RJ-JP:41764] (2 of 2) [CRES-394/2025] correct and present address, but he is evading service. He submits that after restoration of appeal, the alternative modes of service of notices shall be adopted. For the delay in the filing the restoration application, reasons have been assigned in the application that appellant suffers from mental sickness due to pecuniary losses. 4. Considering the reasons stated in the restoration application as well as application for condonation of delay supported with affidavit, which seems to be malafide, the delay in filing the application is condoned subject to deposition of cost of Rs.10,000/- before this Court by way of Demand Draft/ Banker’s Cheque in the name of Registrar General, Rajasthan High Court Bench Jaipur, within a period of six weeks. 5. On filing the receipt of deposition of cost, the S.B. Civil First Appeal No. 49/2018 is allowed to be restored to its original number. 6. Accordingly, the application for restoration application stands disposed of. 7. On deposition of cost by the appellant, same be disbursed to the respondent-plaintiff, as and when he put in appearance before this Court. (SUDESH BANSAL),J NITIN /35