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2008 DIGILAW 1649 (RAJ)

Union of India v. Lrs of Kanhaiya Lal

2008-07-09

PRAKASH TATIA

body2008
JUDGMENT 1. - In the restoration application, the notices of the respondents nos. 1/1 to 1/10 have been served, who are the legal representatives of the original plaintiff Kanhaiyalal who obtained decree from the trial court dated 26.10.1994 The respondent no.2- defendant no.4 Chand Kishan in the civil original suit no.255/86 wherein the trial court passed the impugned decree on 26.10.1994 and held that the defendant no.4-respondent no.2 also liable for payment of Rs. 50,000/- to the legal representatives of deceased plaintiff Kanhaiyalal. The appeal has been preferred only by the UOI and two others and not by respondent no.2 Chand Kishan (defendant no.4), therefore, the defendant no.4 is a formal party in this restoration petition.The record of S.B. Civil First Appeal No.84/1996 was also called today and it appears from the judgment of the trial court that the defendant no.4 did not appear before the trial court and trial court proceeded ex-parte against the defendant no.4, who is respondent no.2 in this restoration application. 2. In view of the above reasons, the appellants are exempted from impleading legal representatives of respondent no.2 in this appeal. 3. Heard learned counsel for the petitioner on application for restoration of the S.B. Civil First Appeal No.84/96. 4. The appeal was dismissed in view of the fact that appellant did not deposit the initial charges for preparation of paper book and list of documents was also not filed. 5. In restoration application, it has been stated that the initial charges were deposited on 30th March, 2000 and as per the report made by the standing counsel for the Union of India list of document was also filed on 3rd April, 2000. Inadvertently, on 19th March, 2001, the counsel could not appear and, therefore, could not point out above facts. Learned counsel for the petitioner further submitted that the fact of deposit of initial charges can be inquired from the record and from the record it appears that initial charges were in fact, deposited on 1st Dec., 1999 and receipt is on record of Rs.50/- having date 1st Dec., 1999. 6. In view of the above reasons, the restoration application is allowed and the S.B. Civil First Appeal No.84/1996 is restored to is original number and the petitioner may submit fresh list of documents within a period of four weeks from today.Restoration Application Allowed. *******