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2026 DAILYLAW 19366 (RAJ)

VIJAY KUMAR S/O SHRI PREM NARAYAN GAUR v. UNION OF INDIA

CRES/1253/2024 · 2026-01-27

Anoop Kumar Dhand

body2026

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No.1253/2024 In S.B. Civil Miscellaneous Appeal No.5103/2009 1. Vijay Kumar S/o Shri Prem Narayan Gaur, Aged About 59 Years, 2. Seeta Devi W/o Shri Vijay Kumar, Aged About 55 Years, Both R/o Plot No. 3, Champa Nagar, New Sanganer Road, Gurjar Ki Thadi, Jaipur ----Petitioners Versus Union Of India, Jariya Mahaprabandhak, Uttar Paschim Railway, Jaipur. ----Respondent For Petitioner(s) : Mr. Giriraj Prasad Sharma For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 27/01/2026 1. The instant civil restoration application has been submitted for restoration of S.B. Civil Miscellaneous Appeal No.5103/2009, which was dismissed in default for want of prosecution. 2. Learned counsel for the applicants-appellants submits that on the fateful day i.e. on 19.05.2022, the counsel could not appear for the reasons beyond his control, hence, the case was called in his absence and the appeal was rejected. Counsel submits that on account of spread of Covid-19 Pandemic, the aforesaid order could not came into the notice (2 of 2) [CRES-1253/2024] of counsel, hence, slight delay has occurred in filing the instant restoration application. He further submits that important questions of law and facts are involved in the civil misc. appeal, hence, the matter is required to be adjudicated on merits. 3. This Court is not satisfied with the reasons of delay given by counsel for the applicants, because there was no Covid-19 pandemic from May, 2022. The Covid-19 pandemic was over before that, hence, the delay has not been properly explained, but looking to the fact that important questions of law and facts are involved in the instant civil misc. appeal, which are required to be adjudicated on merits, the instant restoration application stands allowed subject to deposition of cost of Rs.2500/- by counsel for the applicants in the Munshi Welfare Association, which would be utilized in welfare of the members of Munshi Welfare Association. 4. Counsel for the applicant is directed to deposit a sum of Rs.2500/- (Rupees Twenty Five Hundered Only) in the office of Munshi Welfare Association within a period of one week from today. 5. In case, the aforesaid needful exercise is done within above stipulated time, Office is directed to restore the S.B. Civil Miscellaneous Appeal No.5103/2009 to its original number. (ANOOP KUMAR DHAND),J KuD/14