Allowed

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

Rajasthan HC15 Nov 2019WRES/268/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a restoration application filed 181 days late in a writ matter. The court relied on an application under Section 5 of the Limitation Act to condone the delay due to inadvertent error and restored the dismissed proceeding.

What did the court decide?

The restoration application is allowed; delay in filing is condoned; the appeal is 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. 268/2019

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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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Viram Ram S/o Gumana Ram, Aged About 35 Years,

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Sohan Lal S/o Gumana Ram, Aged About 45 Years,

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Badrinarayan S/o Gumana Ram, Aged About 55 Years,

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Lumba Ram Gumana Ram, Aged About 60 Years,

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Hari Ram Gumana Ram, Aged About 50 Years,

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All By Caste Kumhar R/o Gram Boranada, 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.1052/2017, which stands dismissed vide order dated

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(2 of 2)

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[WRES-268/2019]

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17.04.2018 in terms of peremptory order dated 12.03.2018 passed by this Court.

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The restoration application is reported to be barred by limitation for 181 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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3-DJ/-

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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