Allowed

The Rajasthan State Industrial Development and Investment Corporation Ltd., v. Daula Ram

Rajasthan HC15 Nov 2019WRES/225/2019

Case brief

AI extract

What is this about?

This High Court allowed a restoration application under Section 5 of the Limitation Act, condoning a delay of 186 days and restoring the dismissed appeal to its original number in the interest of justice.

What did the court decide?

The restoration application was allowed; delay was condoned; the appeal was restored to its original number.

The Rajasthan State Industrial Development… — Civil Procedure and Limitation | Rajasthan HC (2019)

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HIGH COURT of JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Writ Restoration No. 225/2019

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The Rajasthan State Industrial Development and Investment Corporation Ltd., Udhyog Bhawan, Tilak Marg, Jaipur through its Managing Director, Rajasthan State Industrial Development and Investment Corporation Ltd. Udhyog Bhawan, Tilak Marg, Jaipur.

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The Regional Manager, RIICO Ltd. Boranada, Jodhpur.

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----Petitioners

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Versus

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Daula Ram S/o Narayan Ram, Aged About 31 Years,

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Jetha Ram S/o Narayan Ram, Aged About 29 Years,

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Gordhan Ram S/o Narayan Ram, Aged About 27 Years,

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Mohini Devi W/o Narayan Ram, Aged About 58 Years, All By Caste Jat, R/o Gram Salawas, Tehsil Luni, Distt. Jodhpur

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The State of Rajasthan through the Principal Secretary, Industries Department, Government of Rajasthan, Secretariat, Jaipur.

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The Land Acquisition Officer - Sub Divisional officer, Tehsil Luni, District Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Harsh Chittora on behalf of Mr. Sanjeet Purohit.

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HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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15/11/2019

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This restoration application has been filed for restoration of DBSAW No.40/2018, which stands dismissed vide order dated 12.04.2017 in terms of peremptory order dated 08.03.2018 passed by this Court.

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(2 of 2)

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[WRES-225/2019]

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The restoration application is reported to be barred by limitation for 186 days. It is accompanied by an application under Section 5 of the Limitation Act.

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For the reasons stated in the application, the application u/s 5 of the Limitation Act is allowed. Delay filing in restoration application is condoned.

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Learned counsel appearing for the applicants submits on account of inadvertent error on his part the defects could not be removed within stipulated time. It is submitted that now defects stand removed.

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In this view of the matter, in the interest of justice the restoration application is allowed. The appeal is restored to its original number.

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(ARUN BHANSALI),J

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(SANGEET LODHA),J

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2-DJ/-

The Rajasthan State Industrial Development and Investment Corporation Ltd., v. Daula Ram

Case brief

What is this about?

What did the court decide?

The Rajasthan State Industrial Development and Investment Corporation Ltd., v. Daula Ram

Case brief

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What did the court decide?

What the court decided

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