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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
AJAY RASTOGI, DINESH CHANDRA SOMANI, JJ.
State of Rajasthan & Ors. - Petitioners
Versus
Devendra Saini Son of Shri Dwarka Prasad Saini & Ors. - Respondents
D.B. Special Appeal Writ No. 1946 of 2017
Decided On : 16-02-2018
Limitation Act - Application for Exemption of Personal Appearance - Delay Condoned
Fact of the Case:
The court considered an application for exemption of personal appearance of the Principal Secretary, Department of Finance, and a separate application seeking condonation of delay under Sec. 5 of the Limitation Act.
Finding of the Court:
The court allowed the application for exemption of personal appearance and also allowed the application under Sec. 5 of the Limitation Act, condoning the delay. The special appeal was dismissed as withdrawn with liberty to take further recourse after the outcome of another case.
Issues: Exemption of personal appearance, delay in filing the appeal, withdrawal of the special appeal
Ratio Decidendi: The court analyzed the reasons for the delay in filing the appeal and found them satisfactorily explained, leading to the condonation of the delay. The court also considered the withdrawal of the special appeal and granted liberty for further recourse.
Final Decision: The court allowed the exemption of personal appearance, condoned the delay under Sec. 5 of the Limitation Act, and dismissed the special appeal as withdrawn with liberty for further recourse.
1. The matter comes up on an application (11245/2018) for exemption of personal appearance of Principal Secretary, Department of Finance.
2. For the reasons stated in the application the same is allowed. However, the office has pointed out delay of about 46 days in filing of the appeal & in support thereof separate application u/Sec.5 of the Limitation Act has been filed seeking condonation of delay, which is satisfactorily explained & deserves to be condoned.
3. The application u/Sec.5 of the Limitation Act stands allowed. Delay is condoned.
4. Mr. S.K. Gupta, Additional Advocate General appearing for the State on instructions wants to withdraw the special appeal reserving their rights to take further recourse after the outcome of the Special Leave To Appeal (C) No.25565/2015 (State of Rajasthan & Ors. Versus Gopal Kumawat).
5. The special appeal stands dismissed as withdrawn with liberty as prayed for.
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