The court allowed the restoration application condoning a 47-day delay. It recalled orders dated 14.09.2018 and 25.10.2018 and restored the Special Appeal to its original number.
Condensation of delay allowed; orders dated 14.09.2018 and 25.10.2018 recalled; appeal restored to original number.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D. B. Civil Restoration Application No. 36/2019
In
D.B. Civil Special Appeal (Writ) No. 486/2018
In
S.B. Civil Writ Petition No. 5974/1999
Jamal Mohammad, Aged About 41 Years, through his Legal Heirs namely;
Residents of Village Umrach District Bundi
----Respondents
For Petitioner(s)
: Mr. Prateek Singh on behalf of Ms. Sheetal Mirdha, AAG.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
01/02/2019
There is delay of 47 days in filing of the restoration application.
(2 of 2)
[WRES-36/2019]
Application No.151/2019 has been filed under Section 5 of the Limitation Act seeking condonation of delay in filing of the restoration application.
For the reasons mentioned in the application, the application is allowed. Delay in filing of the restoration application is condoned.
This restoration has been filed seeking recall of orders dated 14.09.2018 as also 25.10.2018 and restoration of D.B. Civil Special Appeal (Writ) No. 486/2018.
For the reasons mentioned in the restoration application, the same is allowed. Orders dated 14.09.2018 and 25.10.2018 passed by this Court are recalled and D.B. Civil Special Appeal (Writ) No. 486/2018 is restored to its original number.
(GOVERDHAN BARDHAR),J
(MOHAMMAD RAFIQ),J
Manoj/62
2 issues framed by the court
Whether the delay of 47 days in filing the restoration application be condoned under Section 5 of the Limitation Act.
Whether the impugned orders dated 14.09.2018 and 25.10.2018 be recalled to restore the original appeal number.
1 provisions across 1 enactments
State of Rajasthan, through the Secretary to The Government, G.A.D. Water Utilisation Department
The Divisional Commissioner, Chambal Project, Kota
Jamal Mohammad, Aged About 41 Years
Shrimati Sharida Khatoon
Iqbal Mohammed
MOHAMMAD RAFIQ
GOVERDHAN BARDHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
