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2026 DAILYLAW 1528 (RAJ)

CHITTAR S/O BIRDHICHAND v. NATIONAL INSURANCE COMPANY LIMITED

CRES/43/2024 · 2026-04-01

Sandeep Taneja

body2026

Judgment text

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[2026:RJ-JP:13679] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 43/2024 In S.B. Civil Misc. Appeal No.5990/2017 1. Chittar S/o Birdhichand, Driver/owner Truck No. Rj-14- Gb-4505) (Died) 1/1. Smt. Shanti Devi W/o Late Shri Chittar, aged 58 years 1/2. Gopal Lal Kumawat S/o Late Chhitar, aged 35 years 1/3. Kanhaiya Lal Kumawat S/o Chhitar, All Residents Of Tankrada, Adhgela Ki Dhani, Jodhpura, Tehsil Chomu, District Jaipur. ---Non-Claimants/appellant/ Applicants Versus 1. National Insurance Company Limited, Having Its Regional Office At Near Nidhi Bhawan, High Court Circle, C- Scheme, Jaipur Through Its Regional Manager, (Insurance Company Truck No. Rj-14-Gb-4505) ......Non- Claimant/ Respondent 2. Arjun Lal S/o Sukhdev, Resident Of 100 Bighawali Dhani, Samod, Neemli, Tehsil Chomu, District Jaipur. ---Claimant/-Respondents For Petitioner(s) : Mr. Vinay Mathur For Respondent(s) : HON'BLE MR. JUSTICE SANDEEP TANEJA Order 01/04/2026 1. The instant application has been filed for restoration of S.B. Civil Misc. Appeal No.5990/2017, which was dismissed by Registrar (Judicial) vide order dated 20.10.2023 in compliance of peremptory order dated 22.08.2023 passed by this Court. 2. Since the restoration application has been filed within limitation, the application (CMCC No.213/2024) under Section 5 of the Limitation Act is dismissed as not pressed. [2026:RJ-JP:13679] (2 of 2) [CRES-43/2024] 3. For the reasons mentioned therein, the restoration application is allowed. Accordingly, S.B. Civil Misc. Appeal No.5990/2017 is restored to its original number, subject to the condition that the applicant-appellant filing PF & notices for unserved respondent No.2 in the main appeal within a period of four weeks. 4. In case of failure to do the needful, this order shall stand revoked without further reference to the Court. (SANDEEP TANEJA),J TN/57