The Division Bench condoned a 78-day delay in filing the special appeal under Section 5 of the Limitation Act. The appeal was subsequently dismissed by relying on an identical issue decided in a prior order dated 14.11.2018.
The special appeal was dismissed; delay of 78 days in filing the appeal was condoned.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 1075/2019
----Appellants
Versus
Smt. Jyoti Jingar W/o Chotu Lal, R/o Ammet, Tehsil Amet, District Rajsamand, (Raj.).
----Respondent
For Appellant(s) : Mr. Hemant Choudhary For Respondent(s) :
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment / Order
26/10/2021
Learned counsel Mr. Hemant Choudhary appearing on behalf of the appellant - State has submitted that the controversy involved in this appeal is squarely covered by the order dated 14.11.2018 passed by this Court in DB Special Appeal Writ No.1703/2018 (State of Rajasthan & Ors. Vs. Parbat Singh) whereby, the Division Bench of this Court has dismissed the appeal involving identical issues.
Having heard learned counsel for the appellants, the application under Section 5 of the Limitation Act is allowed; the delay of 78 days in filing the appeal is condoned.
(2 of 2)
[SAW-1075/2019]
Accordingly, this Special Appeal is dismissed in terms of the order dated 14.11.2018 passed by this Court in DB Special Appeal Writ No.1703/2018 (State of Rajasthan & Ors. Vs. Parbat Singh).
(SUDESH BANSAL),J
(VIJAY BISHNOI),J
3-Arun/-
2 issues framed by the court
Whether the delay in filing the special appeal should be condoned under Section 5 of the Limitation Act.
Whether the special appeal should be allowed to be heard in light of the identical issues decided in a previous order.
Colour shows how this judgement treated each authority
State of Rajasthan & Ors. Vs. Parbat SinghFollowed¶15
DB Special Appeal Writ No.1703/2018 (State of Rajasthan & Ors. Vs. Parbat Singh)
State Of Rajasthan
Director, Secondary Education, Bikaner
District Collector, Secondary Education, Rajsamand
Principal, Government Senior Secondary School, Amet
Smt. Jyoti Jingar
Vijay Bishnoi
Suresh Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
