VIRENDRA KUMAR MATHUR,J. - (1.) This Civil Restoration Application has been filed under Order 41, Rule 17 CPC for restoring Civil First Appeal (No.491/2009) filed by the appellant, by recalling order dated 04.09.2013 of this Court and 25.09.2013 passed by the Deputy Registrar (Judicial).
(2.) Briefly stated, feeling aggrieved by the judgment and decree dated 17.07.2009 passed by the Additional District Judge, Bali camp at Sumerpur, District Pali in Civil Original Suit No.10/1999 (Arjun Bhai v. Smt Neelam and others), the appellant filed regular civil First Appeal, which was registered as Civil First Appeal No. 491/2009. The appeal was admitted on 05.12.2009 and notices were issued to the contesting-respondent No.1 on 29.11.2011. The Court gave liberty to the contesting respondent to withdraw the decretal amount, which was deposited by the appellant, after furnishing solvent security to the equal amount before the court.
(3.) It was also submitted that an application under Order 22, Rule 4 CPC was filed for bringing legal representatives of Arjun Bhai on record, who expired on 17.05.2012. The application was allowed on 16.08.2012 but notices for respondents No. 1/1 to 1/4 were received un-served. The Court on 08.08.2013 directed to file fresh notices within a period of two weeks with fresh addresses. It was stated that on 04.09.2013 the Court passed a peremptory order to file fresh PF and notices within one week. As per office report, PF and notices were filed within time, however, notices under Order 41, Rule 14 CPC were not filed and therefore, the appeal was dismissed in consequence to peremptory order.;