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2006 Supreme(Raj) 1715

High Court Of Rajasthan
Judgename : N.P.GUPTA
SHYAMLAL TABIYAR - Appellant
Versus
STATE OF RAJASTHAN - Respondent
WRIT RESTORATION 35 Of 2006
Decided On : 05/29/2006

Advocates Appeared:
B.N.KALLA

Making a misstatement in the Court and seeking relief for it is not entitled to any relief

Headnote:

Misstatement - Restoration Application - Court dismissed restoration application as petitioner made a misstatement in the Court and sought relief for it

Fact of the Case:

The petitioner made a misstatement in the Court and sought relief through a restoration application

Finding of the Court:

The Court dismissed the restoration application, stating that the petitioner is not entitled to any relief for making a misstatement in the Court

Issues: Misstatement in Court, Relief sought through restoration application

Ratio Decidendi: Making a misstatement in the Court and seeking relief for it is not entitled to any relief

Final Decision: The restoration application is dismissed

Judgment

( 1 ) HEARD learned counsel for the petitioner. It is strange that a ground is taken that due to over sight requisites have not been put in while a look at the order dt. 25. 4. 2006 shows that categoric statement was made about requisites along with application for condonation of delay having been put in and relying on the word of learned counsel the order was passed. Making a wrong statement in the Court, and thereby make the Court believe a particular state of affairs to exist itself is a very serious matter. As against which by this restoration application, the petitioner seeks to claim premium for such an act of making misstatement in the Court. In my view, the petitioner is not entitled to any relief. The restoration application is, therefore, dismissed.

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