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2026 DAILYLAW 19054 (RAJ)

ASHA DEVI W/O LATE SH. RAM KUNWARJI LUHAR v. SHAMSHER SINGH S/O SH. BALVEER SINGH

CRES/1083/2024 · 2026-01-20

Ashutosh Kumar

body2026

Judgment text

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[2026:RJ-JP:2489] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 1083/2024 In S.B. Civil Miscellaneous Appeal No. 585/2021 1. Asha Devi W/o Late Sh. Ram Kunwarji Luhar, Aged 50 Years 2. Kiran Kumari D/o Late Sh. Ram Kunwarji Kumar, Aged 24 Years 3. Pooja Kumari D/o Late Sh. Ram Kunwarji Luhar, Aged 20 Years 4. Rakesh Kumar S/o Late Sh. Ram Kunwarji Luhar, Aged 19 Years 5. Rahul S./o Late Sh. Ram Kunwarji Luhar, Aged 15 Years 6. Bhuri W/o Kana Ram Luhar, Aged About 68 Years, Appellant No.5 being minor through their Natural Mother Asha Devi W/o Late Sh. Ram Kunwarji Luhar. All are R/o Baglia Mohalla, Mevdakalan, Thana Kekri, District Ajmer (Raj.)R/o Baglia Mohalla, Mevdakalan, Thana Kekri, District Ajmer (Raj.) ----Appellants/Applicants Versus 1. Shamsher Singh S/o Sh. Balveer Singh, Aged About 43 Years, R/o Village Amritsarkalan Alanabad, Sirsa, District Sirsa, Haryana, Bharat (Owner And Driver Toyota Car No. HR-50-C-4367) 2. Jagdish Singh S/o Vikramjeet Singh, R/o Narora Rania, Haryana- 125076 (Insured Toyota Corolla Altis No. HR- 50-C-4367) 3. New India Assurance Company Limited, Branch Ratia Micro Office (353705), First Floor, Budlada Road, Ratia, Haryana (Insurer Of Toyota Corolla Altis No. HR-50-C- 4367) ----Respondents For Applicants : Mr. Deepak Goyal, Adv. [2026:RJ-JP:2489] (2 of 2) [CRES-1083/2024] HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 20/01/2026 1. Matter comes up on an application (CMCC No.2149/2024) 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. Delay in filing the restoration application is condoned. 3. The present restoration application has been filed on behalf of the applicants for restoration of S.B. Civil Misc. Appeal No.585/2021, which has been dismissed by the Registrar (Judicial) vide order dated 02.07.2024 in compliance of the peremptory order passed by this Court on 24.01.2024. 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.585/2021 is restored to its original number. 6. Office to proceed. (ASHUTOSH KUMAR),J AARZOO ARORA /49