Single Judge disposed of a writ petition by referring to established High Court and Supreme Court precedents, obviating the need for a fresh examination of the issue regarding condonation of delay.
Application for condonation of delay under Section 5 of the Limitation Act is rejected; appeal stands dismissed.
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I n The Hi gh Cour t of Judi cat ur e f or Raj ast han Jai pur Bench, Jai pur O R D E R D. B. Ci vi l Speci al Appeal ( Wr i t ) No. 1586/ 2014
Dat e : 08/ 12/ 2014
Hon' bl e Mr . Just i ce Aj ay Rast ogi Hon' bl e Mr . Just i ce J. K. Ranka
Mr . I nder j eet Si ngh, AAG, f or appel l ant .
As per of f i ce r epor t t her e i s a del ay of 178 days i n f i l i ng of appeal f or whi ch appl i cat i on has been f i l ed seeki ng condonat i on of del ay u/ S 5 of Li mi t at i on Act .
We f i nd t hat t he wr i t pet i t i on was di sposed of by t he l ear ned Si ngl e Judge vi de or der dt . 24. 01. 2014 pl aci ng r el i ance upon DB j udgment of t hi s Cour t i n St at e of Raj . & Anr . Vs. Smt . Sangeet Si ngh & Or s. : DB Ci vi l Speci al Appeal ( W) No. 786/ 2004 and such ot her appeal s have been deci ded on t he subj ect i nvol ved i n t he i nst ant appeal . We have al so come acr oss t he j udgment of t he Apex Cour t i n 2013( 3) SCC 785 & 2013( 14) SCC 562.
I n l i ght of t he j udgment s r ef er r ed t o t he quest i on i s no mor e r es- i nt egr a t o exami ne. Consequent l y, t he appl i cat i on u/ S 5 of
Li mi t at i on Act st ands r ej ect ed, as a consequence t her eof t he appeal al so st ands di smi ssed.
( J. K. Ranka) , J. ( Aj ay Rast ogi ) , J.
Certificate - All corrections have been incorporated in the judgment/ order being emailed/ Vijay Singh Shekhawat/ PAJW
VS/ -
1 issue framed by the court
Whether delay in filing the appeal should be condoned under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Appellant
Ajay Rastogi
J. K. Ranka
As recorded by the court registry
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