High CourtsSingle Bench(2024) 02 RAJ CK 0070

Jeevni And Anr vs Sanjeev Kumar And Ors

Rajasthan High Court · Decided on 15 February 2024

HON’BLE JUDGES
Rekha Borana, J
RESULT
Dismissed
CASE NUMBER
Civil Restoration No. 223 Of 2011

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Judgment

4 paragraphs · 183 words

Rekha Borana, J

1.

The present restoration application pertains to the year 2011 for restoration of the appeal which had been dismissed in the year 2010. The restoration application is reported to be barred by 148 days.

2.

In 2011, whenever the restoration application was listed before the Court, none had appeared for the applicants for more than six times. On 18.07.2013, notices of application under Section 5 of the Limitation Act were directed to be issued. On that date also, none was present on behalf of the applicants. However, in pursuance to the order dated 18.07.2013, PF & notices were filed but extra sets of application under Section 5 of the Limitation Act were not filed. Since then, despite time been granted by the Court on 05.09.2016, 08.02.2019, 29.07.2023 and 08.02.2024, the same have not been filed till date. Interestingly, none had appeared on behalf of the applicants on any of these dates. Today also, none has appeared even in the second round.

2.

In view of the same, the present restoration application is dismissed in non-prosecution as well as in non-compliance.