Two judge bench allowed D.B. restoration application to recall an order that had dismissed a special appeal due to defects, restoring S.B.Special Appeal (Writ) No.1663/2019 to its original number.
Recall the order dated 19.04.2022; allow D.B. restoration application; restore S.B.Special Appeal (Writ) No.1663/2019 to original number.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Writ Restoration Application No. 91/2022
Mahipal Singh S/o Shri Bhinva Ram, Aged About 55 Years, Resident Of Village Nayabas, Post Patoda Via Bisau, District Jhunjhunu.
----Applicant
Versus
----Respondents
For Petitioner(s) : Mr.D.K.Dixit, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
05/05/2023
The present misc. restoration application has been filed for recalling the order dated 19.04.2022 passed by the Co-ordinate Bench of this Court.
Learned counsel for the applicant submits that the direction given by this Court on 19.04.2022 to remove the defects, could not be complied with inadvertently.
Learned counsel submits that the applicant is interested in prosecuting the matter and as such this Court may allow the restoration application.
(2 of 2) [WRES-91/2022]
Learned counsel for the applicant further submits that the issue involved in the special appeal is a legal issue and in case, the applicant is not heard on merits, the applicant would suffer irreparable loss.
We have gone through the contents of the application and heard learned counsel for the applicant.
We accordingly find that the order dated 19.04.2019 may be recalled and misc. restoration application may be allowed and S.B.Special Appeal (Writ) No.1663/2019 may be restored to its original number.
(ASHUTOSH KUMAR), J
(ASHOK KUMAR GAUR), J
Monika/14
2 issues framed by the court
Whether the order recalling the special appeal needs to be recalled and the appeal restored.
Whether defects in the restoring application cause failure to prosecute the matter due to inadvertence.
Mahipal Singh
Union Of India
Deputy Inspector General Of Police
Commandant, 67Th Battalion
Ashok Kumar Gaur
Ashutosh Kumar
As recorded by the court registry
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