High CourtsSingle Bench

Sunil Kumar And Anr vs Lad Devi And Ors

Rajasthan High Court · Decided on 17 October 2023 · Citation: (2023) 10 RAJ CK 0084

HON’BLE JUDGES
Rekha Borana, J
ACTS & SECTIONS REFERRED
Limitation Act, 1963 — Section 5
RESULT
Dismissed
CASE NUMBER
Civil Restoration No. 63 Of 2015
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

6 paragraphs · 209 words

Rekha Borana, J

1.

The present restoration application pertains to the year 2015. Vide order dated 25.01.2017, notices of the restoration as well as the application under Section 5 of the Limitation Act were directed to be issued and the counsel for the applicants was directed to file the notices in two sets. After notices being filed, the same were issued and as per the office report, the notices of respondents No.2 to 7 were received unserved.

2.

Vide order dated 26.07.2021, two weeks’ time was granted by the Registrar (Admn.) to file the requisite notices. But the complete PF & notices were not filed despite the said order. On 05.08.2022, four weeks’ further time was granted by the Court. In pursuance to the said order also, complete notices for unserved respondents were not filed.

3.

On 18.09.2023, last opportunity of one week was granted to do the needful. On that date, it was observed by the Court that if the notices are not filed within the stipulated period, the restoration application be listed before the Court for dismissal.

4.

As per the office report, the complete notices have not been filed till date.

5.

In view of above, the present restoration application is dismissed for non-compliance and non-prosecution.