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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
ASHOK KUMAR JAIN
Ramdev Sharma S/o Nof Ghanshyam Das (Died) – Appellant
Versus
Babu Lal Chhipa S/o Late Hari Narain Chhipa – Respondent
Order
1. Instant Civil Restoration Application is preferred by appellant-applicant to restore S.B. Civil Second Appeal No. 334/2013 which was dismissed on 03.05.2023 in pursuant to order dated 17.04.2023 passed by a Co-ordinate Bench of this Court.
2. Office has pointed out a delay of 594 days in filing the instant restoration application. An application under Section 5 of Limitation Act is filed for condonation of dealy in filing restoration of appeal on ground that the appellant-applicant has filed a suit for eviction and arrears of rent before the Trial Court and same was decreed but later First Appellate Court has reversed the findings. He further submits that the appellants-applicants were not aware about the order passed by this Court on 17.04.2023 which resulted into dismissal of second appeal. He further submits that this is a case filed by landlord and in case matter is not restored then the appellant-landlord have to face serious repercussions as the judgment would operate as res judicata. He also submits that appellant-applicant has obtained decree from the Trial Court but due to erroneous approach of the Appellate Court, the decree was reversed.
3. Heard learned counsel fo
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.
The primary legal point established is that the responsibility for compliance with court orders lies with the counsel, and the litigant cannot be held accountable for the counsel's negligence.
Appeal – Whenever delay of a long period of time is sought to be condoned, Court should not rule out involvement of third parties in litigation.
The court allowed the condonation of a 61-day delay in filing a restoration application under Section 5 of the Limitation Act, emphasizing justice.
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