In this writ restoration matter, the High Court of Rajasthan allowed the appellant's application for the restoration of a dismissed civil special appeal to its original number due to inadvertent error, ordering that defects were now removed.
Restoration of D.B. Civil Special Appeal (W) No.296/2020 to its original number.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT of JUDICATURE FOR RAJASTHAN
AT JODHPUR
D.B. Writ Restoration No. 13/2021
Mahendra Singh Chouhan S/o Shri Bhanwarlalji, aged about 57 Years, By Caste Chouhan, R/o 63, Ummed Heritage, Defence Lab Road, Jodhpur.
----Appellant
Versus
----Respondents
| For Appellant(s) | : Mr. Om Mehta. Through video conferencing. Mr. Girish Joshi. Mr. Vasudeo Gaur. |
|---|---|
| For Respondent(s) | : Mr. Dhairyaditya Singh Rathore for Mr. Ankur Mathur. |
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
28/09/2021
This restoration application has been filed for restoration of D.B. Civil Special Appeal (W) No.296/2020, which stands dismissed in terms of peremptory order dated 10.09.2020 passed by this Court.
Learned counsel appearing for the petitioner submits that on account inadvertent error the defects could not be removed within
(2 of 2)
[WRES-13/2021]
the stipulated time. It is submitted that now the defects have been removed.
In this view of the matter, in the interest of justice, this restoration application is allowed. The special appeal is restored to its original number.
(MANOJ KUMAR GARG),J (SANGEET LODHA),J 4-DJ/-
1 issue framed by the court
Whether the restoration application filed for restoration of a dismissed civil special appeal should be allowed?
Mahendra Singh Chouhan
State of Rajasthan through Secretary Public Works Department
Managing Director, Rajasthan State Road Development and Construction Corporation Limited
Project Director, Rajasthan State Road Development and Construction Corporation Limited
Sangeet Lodha
Manoj Kumar Garg
As recorded by the court registry
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