The High Court of Rajasthan at Jodhpur restored the S.B. Civil Writ Petition No.5936/2013 to its original number after the record was lost, allowing the applicant to remove defects within two weeks.
The application for restoration is allowed. The petition is restored to its original number. Time given to remove defects.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Writ Restoration No. 14 / 2018
Boota Singh
----Petitioner
Versus
Dist. Collector Cum C.S.C., Sgnr., & Ors
----Respondent
For Applicant(s) : Mr. Hemant Jain
HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order
22/02/2018
Learned counsel for the applicant has submitted that a peremptory order to remove the defects was passed by a coordinate bench of this Court on 11.11.2013 in S.B. Civil Writ Petition No.5936/2013 (D), however, thereafter the record of the S.B. Civil Writ Petition No.5936/2013 (D) was lost, therefore, the defects could not be removed.
It is submitted that ultimately the record of S.B. Civil Writ Petition No.5936/2013 (D) was found as per office report dated 29.06.2017 and thereafter, writ petition was dismissed by the Deputy Registrar (Judicial) on 12.07.2017 pursuant to the peremptory order dated 11.11.2013.
Learned counsel has submitted that as the record of the S.B. Civil Writ Petition No.5936/2013 was missing the defects could not be removed.
(2 of 2)
[WRES-14/2018]
After hearing learned counsel for the applicant and after perusing the order sheet dated 12.07.2017 passed by the Deputy Registrar (Judicial), I find it to be a fit case for restoring the S.B. Civil Writ Petition No.5936/2013 to its original Number.
The application for restoration is allowed. The S.B. Civil Writ Petition No.5936/2013 is restored to its original number.
Put up after two weeks to enable the counsel for the applicant to remove the defects pointed out by the Registry.
(VIJAY BISHNOI),J.
Gaurav/44
1 issue framed by the court
Whether the S.B. Civil Writ Petition No.5936/2013 should be restored given the record was lost and defects could not be removed.
Boota Singh
Dist. Collector Cum C.S.C., Sgnr., & Ors
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
