Allowed

Jugal Singh Son of Late Shri Angad Singh v. State of Rajasthan

Rajasthan HC21 Aug 2019WRES/580/2018

Case brief

AI extract

What is this about?

The High Court condoned the delay in filing a restoration application by invoking Section 5 of the Limitation Act. The court allowed the restoration of three linked applications and appealed, restoring the original D.B. Civil Special Appeal to be heard on merits immediately.

What did the court decide?

Delay condoned; restoration applications allowed; original appeal restored to hear on merits.

Jugal Singh Son of Late Shri Angad Singh Vs… — Civil Procedure and Limitation | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D. B. Civil Restoration Application No. 580/2018 In

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D. B. Civil Restoration Application No. 663/2016 In

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D. B. Civil Restoration Application No. 192/2014 In

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D. B. Civil Special Appeal (Writ) No. 83/2008

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Jugal Singh Son of Late Shri Angad Singh, resident of Pratap Nagar, Near Mata Ji Ka Mandir, Loha Khan, Ajmer (Rajasthan)

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----Applicant/appellant

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Versus

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State of Rajasthan, through the Secretary to Government, Women and Child Development Department, Secretariat, Jaipur.

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Project Director, District Women and Child Development Agency, Ajmer

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Judge, Labour Industrial Tribunal, Ajmer

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----Respondents

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For Petitioner(s) : Mr. Hitesh Bagri.

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

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21/08/2019

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There is delay of 608 days in filing of the present restoration application.

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Application No. 1139/2018 under Section 5 of the Limitation Act has been filed seeking condonation of delay in filing of the restoration application.

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For the reasons mentioned in the application, the same is allowed. Delay in filing of present restoration application is condoned.

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(2 of 2)

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[WRES-580/2018]

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This restoration application has been filed seeking restoration of D. B. Civil Restoration Application No. 663/2016, which was dismissed for non-compliance of per-emptory order passed by this Court. In fact, Restoration Application No. 663/2016 was also filed seeking restoration of D.B. Civil Restoration Application No. 192/2014, which was also dismissed for failure of the applicant-appellant to comply with per-emptory order passed by this Court. Restoration Application No. 192/2014 was filed by the applicant seeking restoration of D.B. Civil Special Appeal (Writ) No. 83/2008 which too was dismissed on account of failure of the appellant to comply with the per-emptory order requiring him to file requisite process fee and notices with paper book sets within a period of fifteen days for service of the respondents, failing which it was ordered that the appeal shall stand dismissed automatically without further reference to the Bench.

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Having heard learned counsel for the applicantappellant, we are inclined to allow present restoration application as also D. B. Civil Restoration Application No. 663/2016 and 192/2014 and restore D.B. Civil Special Appeal (Writ) No. 83/2008 to its original number and hear the same on merits today itself.

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Ordered accordingly.

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Office is directed to list aforesaid restoration applications as also appeal today itself.

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Office is also directed to place a copy of this order on record of each restoration application.

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(NARENDRA SINGH DHADDHA),J

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(MOHAMMAD RAFIQ),J

¶28

MANOJ NARWANI /19

Jugal Singh Son of Late Shri Angad Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jugal Singh Son of Late Shri Angad Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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