Appellant challenged in full an order dismissing his writ petition with heavy cost, after an earlier appeal had limited his challenge to the cost. The court condoned the delay but dismissed the appeal as barred by constructive res judicata and for misuse of judicial proceedings.
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 BENCH AT JAIPUR
D.B. Special Appeal Writ No. 80/2023
Kastur Chand Son Of Late Devi Lal, Aged About 65 Years, Resident Of Village Mathni, Tehsil And District Baran (Raj.)
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. S.N. Gupta Soorwal Ms. Rashmi Khandelwal For Respondent(s) :
HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA
Order
[SAW-80/2023]
(2 of 3)
08/05/2024
09.11.2022 clearly mentioned in Para No.3 as under:-
“Learned Counsel for the petitioner-
appellant submits that he is only aggrieved by the order imposing cost and not by the dismissal of the writ petition. His further submission is that the petitioner-appellant is a poor villager. He is simply a farmer and is not in a capacity to pay the heavy cost of Rs. 25,00,000/- and that the earlier writ petition was filed by his father and not by him.”
[SAW-80/2023]
(3 of 3)
(SHUBHA MEHTA),J
(PANKAJ BHANDARI),J
HEENA/228
3 issues framed by the court
Whether delay in filing the special appeal should be condoned under Section 5 of the Limitation Act.
Whether a fresh appeal challenging the entire order dated 01.09.2022 was barred by constructive res judicata after an earlier appeal confined to cost.
Whether the appeal should be admitted.
1 provisions across 1 enactments
Kastur Chand
The Board of Revenue, Rajasthan, Ajmer
The State of Rajasthan, through Tehsildar Baran
Bhawani Shankar
Dhanni Bai
Kamla
Pankaj Bhandari
Shubha Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
