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2025 DAILYLAW 45251 (RAJ)

SMT. SUMAN SAINI W/O MOTILAL SAINI v. LALARAM YOGI S/O RAMJILAL YOGI

CRES/482/2024 · 2025-12-03

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:49173] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 482/2024 In S.B. Civil Miscellaneous Appeal No. 1680/2020 1. Smt. Suman Saini W/o Motilal Saini, Aged About 30 Years 2. Mohanlal Saini S/o Shrawanlal Saini, Aged About 57 Years 3. Indra Saini D/o Mohanlal Saini, Aged About 27 Years All are R/o Mitrapura Walo Ki Dhani, Rajoli, Tehsil Lalsot. ----Claimants/Applicants Versus 1. Lalaram Yogi S/o Ramjilal Yogi, R/o Village Karirya Ki Kothi, Post Golada, Tehsil Baswa, Police Station Bandikui, District Dausa (Driver And Owner) 2. Chola Mandalam M. S. General Insurance Company Limited, 2nd Floor, Laxmi Villa, E-2, Chitranjan Marg, Jaipur. (Insurance Company) ----Non-claimants/respondents For Applicant(s) : Mr. Ritesh Jain, Adv. with Dr. Ramdeo Arya, Adv. & Ms. Poonam Mishra, Adv. For Respondent(s) : Mr. Chanderdeep Singh Jodha, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 03/12/2025 1. Matter comes up on an application (CMCC No.1054/2024) 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. [2025:RJ-JP:49173] (2 of 2) [CRES-482/2024] 3. The present restoration application has been filed on behalf of the applicants for restoration of S.B. Civil Misc. Appeal No.1680/2020, which has been dismissed by the Registrar (Judicial) vide order dated 08.11.2023 in compliance of the peremptory order passed by this Court on 15.09.2023. 4. Learned counsel for the applicants submits that the applicants want 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.1680/2020 is restored to its original number. 6. Office to proceed. (ASHUTOSH KUMAR),J AARZOO ARORA /115-S.