The High Court of Rajasthan considered an application to condone a 464-day delay in filing a special appeal. The court found the cause shown by the State insufficient and dismissed the application, consequently dismissing the appeal.
Application for condonation of delay (I.A. No.1/2024) dismissed; Special Appeal (D.B. Civil Special Appeal No.69/2024) dismissed.
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.
[2024:RJ-JD:29237-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 69/2024
State Of Rajasthan, Through Tehsildar, Pali.
----Appellant
Versus
----Respondents
| For Appellant(s) | : Mr. |
Shyam Sunder Ladrecha, AAG |
|---|---|---|
| Mr. | D.S. Parihar | |
| Mr. | Deepak Suthar | |
| For Respondent(s) | : Mr. |
Falgun Buch |
| Mr. | Lalit Kumar |
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE KULDEEP MATHUR Order
18/07/2024
I.A. No.1/2024:-
This application under Section 5 of the Limitation Act, 1963
has been filed for condoning the delay of 464 days in preferring the present special appeal.
(2 of 2)
[2024:RJ-JD:29237-DB]
[SAW-69/2024]
“2. That it is pertinent to mention here that after passing of the aforesaid judgment dated 06.05.2022, the counsel appearing for the state informed/apprised the concerned authorities regarding the same on time however, due to transfer of the concerned authorities and delay in official communications and appropriate approvals from the higher authorities, the delay in the filing of the instant special appeal occurred which is completely bonafide in nature.
4. That the applicant/appellant as soon as after receiving the due approvals from the concerned officer in charge immediately filed the present special appeal on 28.08.2023. Therefore, the special appeal could not be filed within prescribed period which is bonafide and delay was caused only due to compelling circumstances.”
On dismissal of I.A. No.1/2024, this Special Appeal also stands dismissed.
(KULDEEP MATHUR),J
(SHREE CHANDRASHEKHAR),J
15-mohit/-
1 issue framed by the court
Whether the delay of 464 days in filing the special appeal can be condoned under Section 5 of the Limitation Act, 1963.
1 provisions across 1 enactments
State Of Rajasthan, Through Tehsildar, Pali
Jai Chand, Through Deceased Legal Representatives
Smt Kamla Devi W/o Late Shri Jaichand
Dilip Surana S/o Late Shri Jaichand
Sandeep Surana S/o Jaichand
Pradeep Surana S/o Late Shri Jaichand
Kuldeep Mathur
Shree Chandrashekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
