Rajasthan High Court - Jaipur
D M , R S R T C Ajmer vs Amer Chand Gaura & Ors on 1 April, 2013
Author: Amitava Roy
Bench: Amitava Roy
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR D.B. Civil Review Petition No.225/2008 in D.B. Civil Special Appeal (Writ) No.494/2000 The Divisional Manager, RSRTC, Ajmer vs. Shri Amar Chand Gaura & Ors. Date of Order : 01.04.2013 HON'BLE THE CHIEF JUSTICE MR. AMITAVA ROY HON'BLE DR. JUSTICE SMT. MEENA V. GOMBER Mr. Ashok Bansal, for applicant. Heard Mr. Ashok Bansal, learned counsel for the applicant. The present is an application for review of the order dated 22.05.2008 passed in the accompanying D.B. Civil Special Appeal (Writ) No.494/2000 dismissing it on the ground of its abatement due to death of the sole respondent and the failure of the appellant to bring on record his heirs and legal representatives in time.
Mr. Bansal has urged that as at the relevant point of time, an application dated 28.03.2006 filed by the applicant for substitution of the heirs and legal representatives was pending, the impugned order could not have been passed and thus review thereof is called for in the interest of justice. A copy of the application dated 28.03.2006 has been laid before us in the course of the arguments.
It is significant to note that a perusal of the impugned order dated 22.05.2008, the review whereof is sought for in the instant petition, clearly discloses that the learned counsel for the parties were heard and the appeal was dismissed on the ground that the same had abated as a consequence of death of the sole respondent. The date of the order is subsequent to the one to the application for bringing on record the heirs and legal preventatives of the respondent has been filed before this Court. Though, the appellant was at the time of passing of the impugned order represented by its learned counsel, no effort was made so as to bring this fact to the notice of the Hon'ble Judges.
In this view of the matter, at this distant point of time, we are not inclined to entertain the plea taken to seek review.
The application thus stands rejected.
(DR. MEENA V. GOMBER),J. (AMITAVA ROY),C.J. Mohit
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Mohit Tak, Jr. P.A.