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SMT. SAVITRI & ORS versus GOURI SHANKER @ GORU RAM & ORS

High Court of Rajasthan

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SMT. SAVITRI & ORS v GOURI SHANKER @ GORU RAM & ORS - CRES Case No. 03369 of 2004 [2005] RD-RJ 802 (7 April 2005)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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CIVIL RESTORATION No. 03369 of 2004

SMT. SAVITRI & ORS

V/S

GOURI SHANKER @ GORU RAM & ORS

Mr. RAMESHWAR HEDAU, for the appellant / petitioner

Date of Order : 7.4.2005

HON'BLE SHRI N P GUPTA,J.

ORDER

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Heard learned counsel for the petitioner. Perused the application u/s 5 of the Limitation Act.

After perusing the application, I do not find any sufficient cause to have been made out for the long delay in filing the restoration application. The peremptory order was made way-back on 4.7.2003, as a matter of fact, that day also, nobody appeared, and the appeal could very well be dismissed on that day itself. However, showing benevolence, time was granted and still nobody bothered about the litigation for all this period of time. In these circumstances, it cannot be said that any sufficient cause has been made out, whereby the petitioner may have been prevented from filing the restoration in time.

The application u/s 5 of the Limitation Act is, therefore, dismissed, and consequently, the restoration petition is also dismissed as time barred.

( N P GUPTA ),J. /tarun/


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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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