State Of Raj And Ors vs Bhagwan Das
2021 Latest Caselaw 1242 Raj/2

                                           sHIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                       BENCH AT JAIPUR

                                                  S.B. Review Petition (Writ) No. 60/2017

                                   State Of Raj And Ors
                                                                                                    ----Petitioners
                                                                       Versus
                                   Bhagwan Das
                                                                                                   ----Respondent

                                   For Petitioner(s)        :     Ms. Naina Saraf
                                   For Respondent(s)        :     Mr. Vivek Tyagi, Dy.G.C.

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order

04/02/2021

This review petition is barred by limitation of 555 days. In his

application under Section 5 of Limitation Act, the petitioner has

stated that he withdrew the D.B. Special Appeal No.735/2015 in

order to file a review petition against the order dated 09.07.2015 on

15.09.2016 and thereafter without any delay, filed this review

petition.

A perusal of the record reveals that even after withdrawing the

appeal on 15.09.2016, the review petition came to be filed after 5

months i.e. on 13.02.2017 and for this delay, there is not a whisper

of averment in the application filed under Section 5 of Limitation Act

seeking condonation of delay.

Learned counsel for the petitioner submits that she may be

given time to cite law/judgment before this Court that for filing the

review petition, law does not prescribe any limitation.

List the matter of 16.02.2021.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/35

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