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RAJASTHAN STATE AGRICULTURE MARKETING BO versus M/S DEEP JYOTI CONSTRUCTION COMPANY

High Court of Rajasthan

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RAJASTHAN STATE AGRICULTURE MARKETING BO v M/S DEEP JYOTI CONSTRUCTION COMPANY - CRES Case No. 01106 of 2007 [2007] RD-RJ 3896 (10 August 2007)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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CIVIL RESTORATION No. 01106 of 2007

RAJASTHAN STATE AGRICULTURE MARKETING BO

V/S

M/S DEEP JYOTI CONSTRUCTION COMPANY

Mr. NS RAJPUROHIT for Mr. SG OJHA, for the appellant / petitioner

Date of Order : 10.8.2007

HON'BLE SHRI N P GUPTA,J.

ORDER

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Heard learned counsel for the petitioner.

Perused the application for restoration. The appeal was dismissed in default pursuant to the peremptory order of the Court dt. 14.11.2002 while the present restoration application has been filed as late as on 21.9.2005.

From the averments of the restoration application it is clear that it was way back on 1.6.2005 that the respondent firm submitted copy of the certified copy of the order dt. 2.12.2002 whereby the appellant came to know of the dismissal of the appeal, while even the application for certified copy was filed on 20.7.2005, and the copy was received on 30.8.2005. No explanation is given for this interregnum period as the limitation for restoration is 30 days.

In my view, no sufficient ground is made out for condoning the delay. The application under Section 5 of the

Limitation Act is, therefore, dismissed. Consequently, the restoration application is also dismissed.

( N P GUPTA ),J. /Sushil/


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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