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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
CHANDRA SHEKHAR SHARMA, J
Lrs Of Prathvi Raj, S/o Shri Imilal (Since Deceased) – Appellant
Versus
Legal Representatives Of Late Shri Shiv Kumar, S/o Shri Imilal (Since Deceased) – Respondent
| Table of Content |
|---|
| 1. restoration application process. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments from the counsel regarding delay. (Para 7 , 8) |
| 3. principles of substantial justice and condonation of delay. (Para 9 , 10 , 11) |
| 4. causal link between just causes and judicial discretion. (Para 12) |
| 5. outcome of the application and future hearing. (Para 14 , 15 , 18) |
Judgment
10/07/2025
1. This restoration application under Order 41 Rule 19 read with Section 151 of the Code of Civil Procedure has been filed by the legal representatives of appellant Nos. 1 and 2 respectively for restoring S.B. Civil First Appeal No.92/2003. An application under Section 5 of the Limitation Act has also been filed therewith seeking condonation of the delay in filing the instant restoration application.
2. The relevant facts are that respondent-plaintiff Ramchand Renwa filed a suit for specific performance of contract and permanent injunction which was decreed vide judgment and decree dated 06.02.2003 passed in Civil Case No.53/2001 by Additional District Judge No.2, Sriganganagar against the appellants-defendants. The appellants preferred a Regular First Appeal under Section 96 of the Code of Civil Procedure, agai
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