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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
HON'BLE DR. JUSTICE NUPUR BHATI, J
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
SMT. LEELA ALIAS KUKI – Respondent
CRES / 421 / 2024
ORDER :
NUPUR BHATI, J.
1. Issue notice of application under Section 5 of the Limitation Act to the respondents.
2. Mr. Mudit Vaishnav, learned counsel accepts notices on behalf of the respondent-claimants.
3. Learned counsel for the applicant/appellant submits that service of notice of respondent Nos.6 and 7 may be dispensed with. At the risk and cost of learned counsel for the applicant/appellant, service of notice of respondent Nos.6 and 7 is dispensed with.
4. An application under Section 5 of the Limitation Act seeking condonation of delay of 61 days in filing the restoration application has been filed.
5. For the reasons indicted in the application, the same is allowed. The delay in filing the restoration application is condoned. 6. The present restoration application has been filed by the applicant seeking restoration of the misc. appeal bearing SBCMA No.1671/2016, which was dismissed in default vide order dated 01.07.2024 on account of non-compliance of the peremptory order dated 22.04.2024 passed by this Court.
7. Having considered the grounds as set out in the restoration application and in the interest of justice, the same is allowed and learned counsel for the respondents has no objection in restoration of the appeal. The Civil Misc. Appeal bearing SBCMA No.1671/2016, is ordered to be restored to its original number, subject to the condition that the applicant/appellant shall deposit the cost of Rs.3,000/- before the Rajasthan State Legal Services Authority, Jodhpur.
8. List the appeal in next week, as prayed.
The court allowed the condonation of a 61-day delay in filing a restoration application under Section 5 of the Limitation Act, emphasizing justice.
The court emphasized the necessity of a communication system for litigants to prevent delays in justice, allowing the restoration application under Section 5 of the Limitation Act.
A party seeking condonation of delay under Section 5 of the Limitation Act must demonstrate sufficient cause; mere invocation of a liberal approach unaccompanied by due diligence will not suffice.
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