Rajasthan High Court - Jaipur
State Of Raj & Ors vs Yogendra Kumar Sharma on 20 July, 2010
Author: Prem Shanker Asopa
Bench: Prem Shanker Asopa
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER D.B.CIVIL REVIEW PETITION NO.68/2008 IN D.B. SAW NO.65/2006 State of Rajasthan and others Versus Yogendra Kumar Sharma DATE OF ORDER --- July 20,2010 PRESENT HONBLE MR.JUSTICE PREM SHANKER ASOPA HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA Mr.Rajendra Soni, for the applicant Mr.Jinesh Jain,for the State BY THE COURT
(1) Issue notice of the application under section 5, Limitation Act as well as the review petition, to the non-applicants.
(2) Mr.Jinesh Jain, Govt.Counsel is directed to accept the notices.
(3) Heard learned counsel for the parties on the application u/s 5, Limitation Act.
(4) We are of the view that there was sufficient cause for not filing the review petition within the period of limitation and therefore, the delay is condoned.
(5) The application u/s 5, Limitation Act is disposed of.
(6) Counsel for both the parties submit that the review petition may itself be decided on merit.
(7) Heard learned counsel for the parties on the review petition.
(8) Counsel for the applicant has sought review mainly on the ground of decision of the Division Bench dated 26.2.2001 in Nawal Kishore Sharma V. State of Rajasthan and others. Counsel submits that against the aforesaid judgment, an appeal was filed and the same was also decided by the Supreme Court in Kailash Chand Sharma V. State of Rajasthan reported in (2002) 6 SCC 562 decided on 30.7.2002.
(9) We have gone through record of the review petition and further considered submission of counsel for the parties. We have also gone through the judgment, sought to be reviewed, which is based on Kailash Chandra Sharma (supra).
(10)Counsel for the applicant has not been able to point out any error apparent on the face of the record in the judgment dated 1.6.2007. The review petition is wholly devoid of any force and therefore,the same is dismissed.
(Mahesh Chandra Sharma) J. (Prem Shanker Asopa) J.
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