High CourtsSingle Bench

Narendra Kumar vs Urmila Devi And Others

Rajasthan High Court · Decided on 11 December 2023 · Citation: (2023) 12 RAJ CK 0034

HON’BLE JUDGES
Rekha Borana, J
ACTS & SECTIONS REFERRED
Limitation Act, 1963 — Section 5
RESULT
Dismissed
CASE NUMBER
Civil Restoration No. 144 Of 2019
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Judgment

5 paragraphs · 162 words

Rekha Borana, J

1.

The present is a restoration application against the order dated 26.07.2018 whereby because of non-appearance on behalf of the appellant on four consecutive dates, the appeal was dismissed for non-prosecution.

2.

The present restoration application is reported to be barred by 203 days. On 18.05.2023, the notices of the application under Section 5 of the Limitation Act were directed to be issued. After the service of the same been complete, when the matter was listed on 18.10.2023, learned counsel for the petitioner prayed for time to file an additional affidavit in support of the restoration application. However, the same has not been filed. On 29.11.2023 and 07.12.2023, when the matter was listed, none appeared on behalf the petitioner applicant.

3.

Today also, none has appeared on behalf of the petitioner applicant even in the second round. The present restoration application is therefore, dismissed for non-prosecution.

4.

The application under Section 5 of the Limitation Act also stand dismissed.