Allowed

State of Rajasthan v. Sheesh Ram

Rajasthan HC15 Nov 2019WRES/348/2019

Case brief

AI extract

What is this about?

A D.B. Writ Restoration application was filed to reinstate a Special Appeal Writ dismissed for non-filing of notices within the stipulated time. The Court allowed the application citing inadvertence by the appellant's counsel, ordered service of memo on the caveator, and listed the appeal for hearing.

What did the court decide?

Restoration of Special Appeal Writ No.1757/18 to its original number, order for service of memo of appeal on the caveator, and listing for hearing.

State of Rajasthan Vs Sheesh Ram — Civil Procedure and Limitation | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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D.B. Writ Restoration No. 348/2019

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State Of Rajasthan, Through The Secretary, Rural Development And Panchayat Raj Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Director, Elementary Education, Directorate, Bikaner.

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District Education Officer, Elementary, Barmer.

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The Zila Parishad, Through Chief Executive Officer, Zila Parishad, Barmer.

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District Education Officer, Elementary, Jaisalmer.

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The Zila Parishad, Through Chief Executive Officer, Zila Parishad Jaisalmer.

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----Petitioners

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Versus

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Sheesh Ram S/o Shri Phool Singh, By Caste Jat, Resident Of Village Post Jejusar, Tehsil Navalgarh, District Jhunjhunu, At Present Residing C/o - Rajendra Singh S/o Vidhyadhar Singh Balotia, Karni Gas Agency, Jayal, District Nagaur (Raj.).

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----Respondent

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For Petitioner(s) : Mr. K.K. Bissa, AGC For Respondent(s) : Mr. Sukesh Bhati, for the respondent -caveator

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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 Special Appeal Writ No.1757/18, which stands dismissed in terms of peremptory order dated 29.7.19 passed by this Court.

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Learned counsel appearing for the appellants submits that on account of inadvertent error on his part, the notices could not have been filed within the stipulated period.

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(2 of 2)

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[WRES-348/2019]

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It is brought to the notice of the Court that as a matter of fact Mr. Sukesh Bhati, learned counsel has filed caveat on behalf of the respondent and therefore, the copy of memo of appeal was required to be served upon him.

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

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Learned counsel may supply the copy of memo of appeal to the learned counsel appearing for the caveator.

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Let the special appeal be listed along with D.B. Special Appeal Writ No.99/19 on 13.12.19, as prayed.

¶26

(ARUN BHANSALI),J

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(SANGEET LODHA),J

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30-Vij/-

State of Rajasthan v. Sheesh Ram

Case brief

What is this about?

What did the court decide?

State of Rajasthan v. Sheesh Ram

Case brief

What is this about?

What did the court decide?

What the court decided

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