Rajasthan High Court - Jaipur
Smt Saroj Devi vs State Of Raj And Ors on 8 August, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Application No.292/2012 In S.B. Civil Writ petition No.8364/2010 Smt. Saroj Devi Vs. State and Others Date of Order ::: 08.08.2012 Present Hon'ble Mr. Justice Mohammad Rafiq, J. Shri Kapil Gupta, counsel for petitioner
Shri Manoj Bhardwaj, counsel for respondent no.4 #### This application is filed with prayer that order of this court dated 09.02.2011 in Civil Writ Petition No.8364/2010, be clarified in the terms as to from which date the appeal was to be filed by petitioner within thirty days. This court required the petitioner to file appeal before the appellate authority within a period of one month. The order was passed on 09.02.2011. It appears from that petitioner filed application for obtaining certified copy of that order on 10.02.2011 i.e. on very next day but the same was supplied to him by the registry on 18.03.2011. Thus obviously the period of thirty days should have been counted from the date of receipt of certified copy of the order. In any case, it was expected of the appellate authority not to be hyper-technical but should have decided the appeal on merits rather than dismissing the same on the ground of delay.
With that clarification the application stands disposed of.
(Mohammad Rafiq) J.
//Jaiman//183 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Giriraj Prasad Jaiman PS-cum-JW