High CourtsDivision Bench(2020) 02 RAJ CK 0405

Gayatri vs Tulcharam And Ors

Rajasthan High Court · Decided on 20 February 2020

HON’BLE JUDGES
Sangeet Lodha, J · Pushpendra Singh Bhati, J
RESULT
Allowed
CASE NUMBER
Civil Restoration No. 30 Of 2020

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Judgment

10 paragraphs · 154 words

This restoration application has been filed for restoration of D.B. Civil Misc. Appeal No.2459/2019, which stands dismissed in terms of per-emptory

order dated 24.10.2019 passed by this Court.

The instant restoration application is reported to be barred by limitation of 20 days. It is accompanied by application under Section 5 of the Limitation

Act.

For the reasons stated in the application, the application under Section 5 of the Limitation Act is allowed. The delay in filing the restoration application

is condoned.

Learned counsel for the petitioner submits that on account of inadvertent error on his part, requisite PF & notices for the service upon the respondents

could not be filed within the stipulated period. Learned counsel submits that the requisites have already been filed.

In this view of the matter, in the interest of justice, the restoration application is allowed. D.B. Civil Misc. Appeal No.2459/2019 is restored to its

original number. Office to proceed.