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STATE & ORS versus KAMAL SINGH

High Court of Rajasthan

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STATE & ORS v KAMAL SINGH - SAW Case No. 03117 of 2004 [2005] RD-RJ 873 (19 April 2005)

D.B. CIVIL SPECIAL APPEAL DR(J) NO.3117/2004.

(State of Raj. & Ors. vs. Shri Kamal Singh.)

Date :19.04.2005.

HON'BLE MR.JUSTICE N.N.MATHUR

HON'BLE MR.JUSTICE MANAK MOHTA

Mr.H.R. Soni, Addl. Govt. Advocate.

This special appeal is directed against the order of the learned Single Judge dated 04.03.2004 barred by limitation of 68 days. We have perused the application under Section 5 of the Limitation Act as well as the order of the learned Single

Judge.

There are no good reason on the basis of which it can be said that the appellant prevented from filing the appeal within the period of limitation. Even, otherwise, on merit the learned

Single Judge dismissed the writ petition following the decision of the Coordinate Bench in S.B. Civil Writ Petition No.837/2004

(State vs. Kalyan Singh). We are told that the special appeal against the judgment in the said case has been dismissed by the

Division Bench. In view of this, no substantial miscarriage of justice is likely to be caused to the appellant if the delay in filing the special appeal is not maintainable.

The special appeal stands dismissed being barred by limitation..

(MANAK MOHTA),J. (N.N.MATHUR),J.

Ashwini/-


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