State of Rajasthan
& ANR. Vs. Harish Gaurav  INSC 596 (23 March 2009)
JURISDICTION CIVIL APPEAL NO.1866 OF 2009 (Arising out of SLP(C)No.5201 of
2008) STATE OF RAJASTHAN & ANR. .....APPELLANT(S) VERSUS O R D E R Leave
In spite of service
of notice upon the sole respondent, no one has entered appearance on his
This appeal is
directed against the judgment and order dt.30.07.2007 in SBCRP No.2917/2007
passed by the High Court of Judicature for Rajasthan at Jodhpur by which the
High Court had dismissed the revision petition on the ground of delay of 36
days in filing the same.
Having heard learned
counsel for the appellants and after considering the materials on record and
the averments made in the application for condonation of delay, we are of the
view that the appellants have made out sufficient cause for condonation of
delay in filing the revision petition and the delay of 36 days in filing the
same ought to have been condoned by the High Court.
impugned order is set aside and the matter is remitted back to the High Court
for decision on merits and in accordance with law. The appeal is thus allowed.
There will be no order as to costs.