This order grants leave to file a review petition by condoning delay under Section 5 of the Limitation Act and recalls a previous order dated 09.11.2017, relying on a Supreme Court precedent.
Delay condoned; order dated 09.11.2017 recalled; review petition allowed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Review No. 10/2018
Dinesh Chand Jain And Ors
----Petitioner
Versus
Sangeet Jain And Ors
----Respondent
For Petitioner(s) : Mr. Pankaj Jain with Ms. Ankita Mishra
HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
13/07/2018
Matter comes up on an application (bearing
No.212/2018) under Section 5 of the Limitation Act for condoning the delay in filing the review petition.
For the reasons stated in the application, the same is allowed. Delay in filing the review petition is, hereby, condoned.
Heard learned counsel for the petitioner.
Having regard to the submission made by learned counsel for the petitioner and in view of the judgment passed by the Hon'ble Supreme Court in Uttam Vs. Saubhag Singh & Ors., [2016 DNJ (SC) 258], the order dated 09.11.2017 is recalled.
Review petition stands allowed.
(PRAKASH GUPTA),J
SG/65
2 issues framed by the court
Whether delay in filing the review petition under Section 5 of the Limitation Act should be condoned.
Whether the previous order dated 09.11.2017 recalled should be reconsidered in light of the Supreme Court judgment.
Colour shows how this judgement treated each authority
Uttam Vs. Saubhag Singh & Ors.Explained¶16
Uttam Vs. Saubhag Singh & Ors., [2016 DNJ (SC) 258]
Dinesh Chand Jain And Ors
Sangeet Jain And Ors
Prakash Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
