State Of Rajasthan vs Mahendra Sahu (2025:Rj-Jd:35521)
2025 Latest Caselaw 6035 Raj

Rajasthan High Court - Jodhpur

State Of Rajasthan vs Mahendra Sahu (2025:Rj-Jd:35521) on 8 August, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:35521]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil Review Petition No. 8/2023

State Of Rajasthan, Through The Mining Engineer Sojat City
Tehsil Sojat District Pali
                                                                       ----Petitioner
                                        Versus
Mahendra Sahu S/o Shri Moolchnad Sahu, R/o House No 86 A 45
Ramnagar Narsinghpura Ajmer
                                                                     ----Respondent


For Petitioner(s)             :     Mr. Gaurav Vishnoi for Mr. Mahaveer
                                    Bishnoi, AAG
For Respondent(s)             :     ----



              HON'BLE MS. JUSTICE REKHA BORANA

Order

08/08/2025

1. The present review application has been filed with the prayer

that order dated 23.05.2023 be reviewed for the reason that

although an additional affidavit was filed on behalf of the

appellants on 29.03.2022, the same could not be brought to the

knowledge of the Court and hence, the appeal was dismissed on

the ground of delay.

2. On 07.08.2023, the Court directed that the additional

affidavit as filed by the appellants in the appeal be tagged with the

present petition. The same has been tagged.

3. A bare perusal of the said affidavit reflects that firstly, it has

not even been verified in terms of law. Meaning thereby, on the

date when order dated 23.05.2023 was passed, the said additional

affidavit was lying with the office on defect side. Further, no fact of

[2025:RJ-JD:35521] (2 of 2) [CRW-8/2023]

such additional affidavit having been filed was even averred by the

counsel on 23.05.2023.

4. Furthermore, the averments as made in the additional

affidavit also does not reflect any plausible or reasonable ground

as to why the delay was caused in filing the first appeal. Rather it

has been averred that there was a dilemma as to whether the

order impugned is to be challenged or not. The decision to

challenge judgment and decree dated 21.07.2014 was taken on

14.11.2017, i.e., after a period of 3 years and the appeal was

ultimately filed on 12.01.2018.

5. This Court is of the clear opinion that even if the averments

as made in the additional affidavit are taken into consideration, no

plausible ground to condone the delay in filing the appeal is made

out and hence, no ground to review order dated 23.05.2023 is

made out.

6. The present review petition is hence dismissed.

7. Stay petition and pending application, if any, stand disposed

of.

(REKHA BORANA),J 19-DhananjayS/-

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