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Corporal G.S. Tripathi v. The Union Of India and others - SPECIAL APPEAL DEFECTIVE No. 294 of 2002 [2007] RD-AH 277 (5 January 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This Special Appeal has been filed with the delay of one year and thirty eight days and the Appeal is pending for the last five years. The matter was listed on 21.12.2006 but it was adjourned as the learned counsel for the appellant had sent an illness slip. It is listed today. Again an illness slip has been sent by the learned counsel for the appellant.

Even on merit, there is nothing in this case and the writ petition was dismissed on the ground that the Court does not have territorial jurisdiction to entertain the writ petition as none of the respondents resides within the territorial jurisdiction of this Court and nor the cause of action partly or fully has been arisen. The judgment of the learned Single Judge dated 16.3.2001 is squarely covered by the Division Bench judgment of this Court in Lt. Col. Saroj Mohanta Vs. Union of India, (2003) ESC, 1419 which has subsequently been affirmed by the Full Bench in Rajendra Kumar Mishra Vs. Union of India & Ors. (2004) 4 ESC 2313.

In view of above, we do not see any ground to keep the Appeal pending. Even if we condone the delay in filing the Appeal, the Appeal will not succeed.

In view of the above, we condone the delay in filing the Appeal and the Special Appeal is dismissed. The interim order, if any, stands vacated.  

Dt/- 5.1.2007



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