Rajasthan High Court - Jaipur
Doji & Ors vs Sompal & Ors on 21 November, 2016
Author: Ajay Rastogi
Bench: Ajay Rastogi
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR.
D.B.CIVIL MISC. RESTORATION APPL. NO.586/2016.
IN D.B.SPECIAL APPEAL (WRIT) NO.1511/2014.
Doji (Since deceased) & Ors.
Vs. Sonpal & Ors.
Date of order :: 21.11.2016.
HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Shri Nikhlesh Katara, counsel for the applicants.
The matter has come up for restoration of the special appeal which itself was barred by limitation of 1879 days. For a long time, the special appeal remained pending and no-one pained to remove the defects and because of the non-compliance of the peremptory order, the special appeal was dismissed for non-prosecution.
The present restoration application which has been filed is also barred by delay of 401 days and application for condonation of delay is filed in routine.
Looking to the inordinate delay in filing appeal so also to file restoration application , we find no justification to condone the delay.
Accordingly, application u/S 5 of the Limitation Act is dismissed and as a consequence thereof, the application for restoration is also dismissed.
(SANJEEV PRAKASH SHARMA), J. (AJAY RASTOGI), J. N.Gandhi, P.A. /6