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2026 DAILYLAW 20626 (RAJ)

SARITA DEVI v. NIHAL SINGH S/O TARACHAND

CRES/11/2025 · 2026-02-06

Anoop Kumar Dhand

body2026

Judgment text

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[2026:RJ-JP:5648] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No.11/2025 In S.B. Civil Misc. Appeal No.1227/2020 1. Sarita Devi, Aged About 35 Years, W/o Late Ramkuwar, 2. Arun Kumar, Aged About 16 Years, S/o Late Shri Ramkuwar, 3. Sandeep Kumar, Aged About 14 Years, S/o Late Shri Ramkuwar, 4. Tilakraj, Aged About 13 Years, S/o Late Shri Ramkuwar, 5. Makhan Ram, Aged About 69 Years, S/o Late Shri Bhuraram, 6. Mamli Devi W/o Late Shri Makhan, Aged About 67 Years, All Appellant No. 2 To 4 Minor Through Mother Sarita Devi, All R/o Village Hameerpur, Tehsil Bansoor, District Alwar (Rajasthan). ----Petitioners Versus 1. Nihal Singh S/o Tarachand, R/o Village And Post Bikaner, Police Station Rewari Sadar, District Rewari, Haryana. (Driver Of Vehicle No. H.r.- 38 N-0205) 2. Harpreet Singh S/o Shri Sardar Kulwant Singh, R/o B-04, Iind Floor, Fatehnagar, Police Station Tilak Nagr, New Delhi, Presently R/o Ag 39, Sanjay Gandhi, Transport Nagar, New Delhi-56. (Owner Of Vehicle No. H.r.- 38-N-0205) 3. Ramandeep Singh S/o Shri Sardar Trilok Singh, R/o D-135, Iind Floor, Anand Niketan, Delhi, Presently R/o Ag 39, Sanjay Gandhi, Transport Company, Onkara Company, Delhi-42. (Registered Owner Of Vehicle No. H.r.- 38-N-0205) 4. Oriental Insurance Company Ltd, Through Manager, 70, Panchwati, Raghumarg, Alwar (Rajasthan). (Insurance Company Of Vehicle No. H.r. - 38 N- 0205) ----Respondents [2026:RJ-JP:5648] (2 of 3) [CRES-11/2025] For Petitioner(s) : Mr. Anoop Agarwal For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 06/02/2026 1. The instant restoration application has been submitted for restoration of S.B. Civil Misc. Appeal No.1227/2020 to its original number. 2. Counsel for the applicants-appellants submits that when the appeal was listed before the Court on 17.10.2023, the same was dismissed in default for want of appearance of the counsel. Counsel submits that on the fateful day, counsel for the appellants could not appear due to the circumstances beyond his control, hence, the case was dismissed in default. Counsel submits that important questions of law and facts are involved in the main appeal, hence, the same is liable to be decided on its merits after restoring the same to its original number. 3. Heard the submissions. 4. The instant restoration application has been submitted with an inordinate delay of 400 days along with an application submitted under Section 5 of the Limitation Act seeking condonation of delay. 5. This Court is not satisfied with the explanation given for the inordinate delay of 400 days, however, looking to the fact that important questions of law and facts are involved in the [2026:RJ-JP:5648] (3 of 3) [CRES-11/2025] main appeal, the application submitted under Section 5 of the Limitation Act as well as the instant restoration application stand allowed with the direction to the applicants-appellants to deposit a sum of Rs.1,100/- (Rupees One Thousand One Hundred only) with the Munshi Welfare Association, Rajasthan High Court, Jaipur within a period of seven days from today and the said amount would be utilized for the welfare of the Advocates’ Clerks. 6. In case, receipt of the cost i.e. Rs.1,100/- is furnished by the applicants-appellants in the Registry, the Registry is directed to restore the S.B. Civil Misc. Appeal No.1227/2020 to its original number and proceed further. (ANOOP KUMAR DHAND),J KuD/93