In D.B. Writ Restoration No. 57/2020, the High Court allowed the restoration application filed for a previously dismissed special appeal, noting that defects removed the impediment in the interest of justice.
The restoration application is allowed and the special appeal is restored 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. 57/2020
----Petitioner
Versus
Dewa Ram Godara s/o Shri Rugh Ram Godara, Aged about 26 years, R/o Ward No.4, Thukariyasar, Sridungargarh, District Bikaner.
----Respondent
For Petitioner(s) : Ms. Akshiti Singhvi on behalf of Mr. Sandeep Shah, AAG
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
19/01/2021
This restoration application has been filed by the petitioners for restoration of D.B.Special Appeal (Writ) No.1414/2019 which stands dismissed in terms of the peremptory order dated 29.11.19 passed by this Court.
Learned counsel appearing for the petitioners submits that on account of inadvertent error, the defects pointed out by the Registry could not be removed within the stipulated time. Learned counsel submits that now the defects have been removed.
(2 of 2)
[WRES-57/2020]
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
34-RP/-
1 issue framed by the court
Whether the restoration of a dismissed special appeal should be allowed in the interest of justice where defects have been removed.
State Of Rajasthan
Dewa Ram Godara
Sangeet Lodha
Rameshwar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
