Raj HC | Delay in filing of restoration application condoned due to missing of file to be attached by appellants within stipulated time

Rajasthan High Court: A Division Bench of Sangeet Lodha and P.K. Lohra, JJ. allowed an application for restoration and condoned the delay in filing of the application.

In the present case, in a peremptory order dated 26-04-2011 the Rajasthan High Court had dismissed an application of Special Appeal in D.B. Special Appeal (W) 1133 of 2011. The petitioner has therefore filed a restoration application for restoration of the dismissed application. The present Bench decided on considering the matter on its merits despite the restoration application being barred by limitation.

The Counsel representing the appellants, R.S. Saluja submitted that according to the peremptory order the appellants were required to file notices within a stipulated time period, which were complied by the appellants as well. The Counsel submitted that the case file of the special appeal was missing and thus, the same could not be attached to the notices. The Counsel also brought to the notice of the present bench an office report which revealed that the missing was found after a period of seven years thus there was no delay on the part of the appellants in the filing.

The Court upon perusal of the office report and various other documents stated that the notices were filed by the appellants within the stipulated time period and the Court erred while dismissing the same in terms of peremptory order. Thus, the Court allowed the restoration application to its original number and condoned the delay.[Shaitana Ram v. State of Rajasthan, 2019 SCC OnLine Raj 2498, decided on 29-08-2019]

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