The High Court dismissed an application for condonation of delay in filing a special appeal, holding that adverse family circumstances and lack of funds do not constitute sufficient cause. Consequently, the special appeal against the impugned order was dismissed as barred by limitation.
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[2023:RJ-JP:20534-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Special Appeal Writ No.571/2020
In
S.B. Civil Writ Petition No.11144/2018
Dwarka Prasad Gupta S/o Shri Moolchand Gupta, R/o Village And Post Khan Bhakari, Dausa At Present R/o Opposite Sitaramji Temple, Village And Post Raini District Alwar.
----Appellant/Petitioner
Versus
----Respondents/Non-Petitioners
For Appellant(s) : Mr. Raj Kumar Sharma
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
29/08/2023
Heard on the application No.421/2020 for condonation of delay in filing of the appeal. Delay of as many as 283 days sought to be explained only on the ground that due to adverse family circumstances, paucity of funds and lack of legal knowledge appeal could not be filed. The ground that appeal could not be prepared timely hardly constitutes a cause much less sufficient cause for condonation of delay. We otherwise also, find that the learned Single Judge has granted substantial relief to the appellant.
No case is made out. The application for condonation of delay is dismissed.
[2023:RJ-JP:20534-DB] (2 of 2)
[SAW-571/2020]
Consequently, the appeal is dismissed as barred by
limitation.
(ASHUTOSH KUMAR),J
(MANINDRA MOHAN SHRIVASTAVA),J
MADAN/18
2 issues framed by the court
Whether the cause shown by the appellant justifies condonation of a delay of 283 days.
Whether the High Court should allow an appeal barred by limitation.
Dwarka Prasad Gupta
State Of Rajasthan
Director, Sanskrit Education Rajasthan
MANINDRA MOHAN SHRIVASTAVA
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
