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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Restoration Application No.125/2025

In

S.B. Civil Misc. Appeal No.2009/2020

Union Of India, Through General Manager, North Western

Railway, Jaipur Rajasthan

----Petitioner

Versus

1. Smt. Falu Devi W/o Late Shri Phoolaram, Aged About 47

Years, R/o Village Madri, Dayalpura, Police Station Ahore,

District Jalore, Rajasthan

2. Ku. Pooja D/o Late Shri Phoolaram, Aged About 25 Years,

R/o Village Madri, Dayalpura, Police Station Ahore,

District Jalore, Rajasthan

3. Master Tarun Kumar S/o Late Shri Phoolaram, Aged About

22 Years, R/o Village Madri, Dayalpura, Police Station

Ahore, District Jalore, Rajasthan

4. Ku. Nirma D/o Late Shri Phoolaram, Aged About 20 Years,

R/o Village Madri, Dayalpura, Police Station Ahore,

District Jalore, Rajasthan

5. Ku. Urmila D/o Late Shri Phoolaramm, Aged About 18

Years, R/o Village Madri, Dayalpura, Police Station Ahore,

District Jalore, Rajasthan

6. Ku. Manisha D/o Late Shri Phoolaram, Aged About 15

Years, (Minor Hence Through Her Natural Guardian And

Mother Smt. Falu Devi Applicant No.1) R/o Village Madri,

Dayalpura, Police Station Ahore, District Jalore, Rajasthan

----Respondents

For Applicant(s) : Ms. Anshu Kanwar

Ms. Tanuja Thakur for

Ms. Nidhi Khandelwal

JUSTICE ANOOP KUMAR DHAND

Order

29/01/2026

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1. The matter comes up on an application seeking restoration of

S.B. Civil Misc. Appeal No.2009/2020.

2. Learned counsel for the applicant submits that on

07.08.2023, the per-emptory order was passed for removing the

defect(s) pointed out by the Office, but the defects could not be

cured within the stipulated time granted in the per-emptory order

due to circumstances beyond the control of the applicant-

Department, hence, the instant application has been submitted for

restoration of the aforesaid appeal, as the important questions of

law and facts are involved in the aforesaid appeal.

3. Heard and considered the submissions made at the Bar and

perused the material available on the record.

4. Perusal of the record indicates that S.B. Civil Misc. Appeal

No.2009/2020 was submitted by the applicant-Department in the

year 2020 and at the relevant time, certain defects were pointed

out by the Office, but could not be cured by the applicant-

Department for good number of three years, hence, under these

circumstances, the per-emptory order was passed by this Court on

07.08.2023 granting further four weeks time to the applicant-

Department to remove the defects.

5. Instead of granting of further time, no effort was made for

removing the defects by the applicant-Department within the

stipulated period of four weeks, hence, the case was dismissed by

the Registrar (Judicial) vide order dated 30.01.2024 for want of

compliance of the per-emptory order.

6. Now, 365 days time barred restoration application was

submitted by the applicant-Department along-with an application

under Section 5 of the Limitation Act, 1963.

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7. This Court is not satisfied with the explanation of delay, so

furnished by the applicant-Department, but looking to the fact

that important questions of law and fact are involved in the

aforesaid appeal, the instant restoration application stands

allowed subject to payment of Rs.2500/-.

8. The applicant-Department is directed to deposit the aforesaid

amount in the office of Munshi Association within a period of one

week from today and the same would be utilized for the welfare of

the Clerks of the Advocates’.

9. In case, the receipt of the same is submitted by the

applicant-Department in the Office, S.B. Civil Misc. Appeal

No.2009/2020 is ordered to be restored to its original number.

10. Office is directed to proceed further in this matter.

(ANOOP KUMAR DHAND),J

Karan/22

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