HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 574/2025 Cholamandalam Ms Gen. Ins. Com. Ltd., Through Branch Manager, Branch Office Udaipur.

----Appellant Versus

1. Smt. Lalita Devi W/o Late Shri Sharwan Singh, Aged About 28 Years, Talai Chalk Hirat Police Station, Bheem, And District- Rajsamanad

2. Mandeep Singh S/o Late Shri Sharwan Singh, Aged About

8 Years, Minor Through His Lrs Representative And Natural Guardian Res. No. 1 Smt. Lalita Devi W/o Late Shri Sharwan Singh, Age About 28 Years. R/o Talai Chalk Hirat Police Station, Bheem, And District- Rajsamanad

3. Shri Rajesh Bugaliya S/o Shri Lichmanram, Kirad P.s.

Degana, Distt. Nagaur. (Owner/driver Of The Offending Motorcycle No. Rj-21-Fs-8555)

4. Narayan Singh S/o Kesar Singh, Aged About 72 Years, Talai Chalk Hirat, Police Station Bheem District Rajsamand (Rajasthan). (Father Of The Deceased)

5. Smt. Dhani Devi W/o Narayan Singh, Aged About 68 Years, Talai Chalk Hirat, Police Station Bheem District Rajsamand (Rajasthan). (Mother Of Deceased)

----Respondents For Appellant(s) : Mr. Vishal Singhal with Ms. Anamika Baghmar For Respondent(s) : Mr. L.S. Chundawat HON'BLE MS. JUSTICE REKHA BORANA

Order

17/03/2025

1. On 05.03.2025, the Court passed the following order:-

“1. Office has reported the appeal to be barred by 17 days and further that no application for condonation of the said delay has been filed.

2. Learned counsel for the appellant submits that the appeal was filed through online mode on 19.12.2024 and the same was clearly within limitation on the said date.

3. Office has pointed out the defect on basis of the physical/hard copy of the appeal which was filed on

06.01.2025.

4. This Court has earlier come across some matters wherein the appeal had been reported to be time barred by the office in cases where although the appeal in physical mode had been filed but online filing had been done at a subsequent date and now, the present is a case where the appeal has been filed through online mode within time but the appeal is reported to be barred because of the hard copy having been filed on a subsequent date.

5. In view of the above situation, let a report be called from the Deputy Registrar (Judicial) of this Court specifying as to what is the mode adopted by the office while making a report regarding limitation.

6. Let it be specified as to how the limitation is computed-from the date of online filing or the date of the physical filing? Further,what is rationale/logic behind the same?

7. Let the report be filed by the Deputy Registrar (Judicial)within a period of two days.

8. List on Monday i.e. 10.03.2025 ”

2. In pursuance to the above order, report dated 07.03.2025 has been filed by Registrar (Judicial) of this Court.

3. As per the report, the period of limitation in e-filed cases is computed by the office in accordance with the guidelines issued for e-filing vide Standing Order No.01/S.O./2020 dated

09.01.2020.

4. Counsel for the appellant submits that now all the appeals are mandatorily required to be filed through online mode and hard copy of the same is also required to be filed within a period of 07 days of the online filing. He submits that as per the directions issued by Hon’ble the Apex Court in Sanket Kumar Agarwal & Anr. Vs. Apg Logistics Private Limited; Civil Appeal No.748/2023 (decided on 01.05.2023) filing of hard copy within 07 days of e-filing ought not to be insisted. He further submits that once the appeal had been filed through online mode within the stipulated period, the same could not be termed to be time barred only for the reason that the hard copy of the same was not filed within a period of 07 days of e-filing. Counsel submits that the same can at the most be a defect but cannot in any manner be termed to be time barred.

5. Heard the counsels, perused the office objection as well as report dated 07.03.2025 as furnished by the Registrar (Judicial) of this Court.

6. Clause/Point 15(a) of SOP dated 09.01.2020 reads as under:-

“Limitation sh