The Rajasthan High Court at Jodhpur allowed a restoration application seeking to restore a dismissed special appeal (DBSAW No.1393/2019). The court held that defects regarding certain Registry observations were removed, allowing restoration in the interest of justice.
Restoration of DBSAW No.1393/2019 by allowing the written restoration application.
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.
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[WRES-7/2021]
HIGH COURT of JUDICATURE FOR RAJASTHAN
AT JODHPUR
D.B. Writ Restoration No. 7/2021
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[WRES-7/2021]
----Petitioners
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[WRES-7/2021]
For Petitioner(s) : Mr. Baljinder Singh Sandhu.
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
13/01/2021
Heard.
This restoration application has been filed by the petitioners for restoration of DBSAW No.1393/2019, which stands dismissed in terms of peremptory order dated 03.12.2019 passed by a Coordinate Bench of this Court.
Learned counsel appearing for the petitioners submits that the defects No.1, 2 and 3 pointed out by the Registry in the special appeal, appropriate order is required to be passed by the Court and the remaining defects have already been removed.
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.
(RAMESHWAR VYAS),J
(SANGEET LODHA),J
28-DJ/-
2 issues framed by the court
Whether the special appeal should be restored after removing defects pointed out by the Registry.
Whether the restoration application in DBSAW No.1393/2019 should be allowed.
Rati Ram and others
State of Rajasthan and others
SANGEET LODHA
RAMESHWAR VYAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
