Coordinate bench dismissed intra-court appeal as barred by limitation without Section 5 application, following prior coordinate bench decision. Special application remedied to respondent. No Section 5 application in file.
Special application dismissed with the appellant not permitted to approach this Court again on same controversy.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 1488/2018
Jodhpur Development Authority, Through Its Director (Law)
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Manoj Bhandari.
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE DINESH MEHTA
Order
07/01/2019
This intra - court appeal reported to be barred by limitation for 27 days, is not accompanied by application under Section 5 of the Limitation Act.
However, learned counsel appearing for the appellant submits that appeal preferred against the common order dated 08.12.2017 being DBSAW No.1332/2018, already stands dismissed by this Court vide order dated 04.09.2018.
Accordingly, this special is also dismissed in terms of decision of a Coordinate Bench dated 01.08.2018 passed in DBSAW No.1037/2018- Jodhpur Development Authority, through its Secretary Vs. Jugal Kishore & Anr.
(DINESH MEHTA),J
(SANGEET LODHA),J
2-DJ/-
1 issue framed by the court
Whether an intra-court appeal barred by limitation must be dismissed without leave under Section 5 of the Limitation Act when a coordinate bench has already dismissed a previous appeal on the same ord
Colour shows how this judgement treated each authority
Jodhpur Development Authority, through its Secretary Vs. Jugal Kishore & Anr.Followed¶16
Jodhpur Development Authority, through its Secretary Vs. Jugal Kishore & Anr., DBSAW No.1037/2018
Jodhpur Development Authority, Through Its Director (Law)
Hansraj S/o Shri Peeru Kumhar
State of Rajasthan
SANGEET LODHA
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
