This writ court allowed a restoration application condoning a 21-day delay under Section 5 of the Limitation Act to revive a dismissed civil special appeal.
Restoration of the civil special appeal allowed; delay condoned.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Writ Restoration No. 214/2018
Versus
----Respondents
(2 of 2)
[WRES-214/2018]
For Petitioner(s)
: Mr. Sanjeet Purohit.
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE DINESH MEHTA
Order
02/01/2019
The instant restoration application is reported to be barred by limitation for 21 days, which is accompanied by an application under Section 5 of the Limitation Act.
For the reasons stated in the application (IA No.1/18), the same is allowed. The delay occurred in filing the restoration application is condoned.
Heard learned counsel for the applicants.
This restoration application has been filed for restoration of D.B. Civil Special Appeal (W) No.91/2018, which stands dismissed in terms of peremptory order dated 17.04.2018 passed by this Court.
Learned counsel appearing for the applicants submits that on account inadvertent error on his part the defects could not be removed within the stipulated time. It is submitted that defects now stand removed.
In this view of the matter, the restoration application is allowed. The special appeal is restored to its original number.
(DINESH MEHTA),J
(SANGEET LODHA),J
1-DJ/-
1 issue framed by the court
Whether the delay in filing the restoration application is condonable under Section 5 of the Limitation Act.
1 provisions across 1 enactments
Rajasthan State Industrial Development and Investment Corporation Ltd.
Bhala Ram
Viram Ram
Bhudha Ram
Mohan Ram
Sajni
SANGEET LODHA
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
