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2025 DAILYLAW 38531 (RAJ)

SHRICHAND BIJARNIA SON OF SHRI KANARAM JAT v. PRABHATI LAL SON OF MEDA RAM

CRES/1256/2024 · 2025-12-01

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:48789] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 1256/2024 In S.B. Civil Misc. Appeal No.1157/2012 Shrichand Bijarnia Son Of Shri Kanaram Jat, Aged About 47 Years, Resident Of Dudaya, Tehsil Dantaramgarh, District Sikar (Rajasthan) (Registered Owner Of Tractor No. Rj-23-R-7124) ----Applicant Versus 1. Prabhati Lal Son Of Meda Ram, R/o Naya Nagar, Tan Mehada, Tehsil Khetri, District Jhunjhunu (Rajasthan) 2. Dakha Devi W/o Prabhati Lal, R/o Naya Nagar, Tan Mehada, Tehsil Khetri, District Jhunjhunu (Rajasthan) 3. Kamla Devi W/o Lala Ram, R/o Naya Nagar, Tan Mehada, Tehsil Khetri, District Jhunjhunu (Rajasthan) 4. Surendra Son Of Leela Ram, Minor Through Their Natural Guardian Their Mother Smt. Kamla Devi Wife Of Lala Ram, R/o Naya Nagar, Tan Mehada, Tehsil Khetri, District Jhunjhunu (Rajasthan) 5. Ravindra Son Of Leela Ram, Minor Through Their Natural Guardian Their Mother Smt. Kamla Devi Wife Of Lala Ram, R/o Naya Nagar, Tan Mehada, Tehsil Khetri, District Jhunjhunu (Rajasthan) 6. Tara Chand S/o Heera Ram Yadav, Resident Of Dhani Kharia, Tan Neorana Dokan, Tehsil Neem Ka Thana, District Sikar (Rajasthan) 7. Bahadur Son Of Mangla Ram Jat, Resident Of Singodkala, Tehsil Chomu, District Jaipur (Rajasthan) ----Respondents For Applicant(s) : Mr. Amit Singh Shekhawat, Adv. For Respondent(s) : Mr. Deepak Yadav, Adv. for Mr. Amarnath Pareek, Adv. [2025:RJ-JP:48789] (2 of 2) [CRES-1256/2024] HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 01/12/2025 1. Matter comes up on an application (CMCC No.85/2025) filed under Section 5 of the Limitation Act for condoning the delay in filing the restoration application. 2. For the reasons stated in the application, the same is allowed. Therefore, delay in filing the restoration application is condoned. 3. The present restoration application has been filed by the applicant for restoration of S.B. Civil Misc. Appeal No.1157/2012, which has been dismissed by the Registrar (Judicial) vide order dated 15.07.2024 in compliance of the peremptory order passed by this Court on 20.10.2023. 4. 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. 5. For the reasons mentioned therein, the application is allowed and S.B. Civil Misc. Appeal No.1157/2012 is restored to its original number. 6. Office to proceed. (ASHUTOSH KUMAR),J AARZOO ARORA /69