Akbar Khan vs State Of Rajasthan And Others

Rekha Borana, J

Vide order dated 18.10.2023, the delay caused in filing the present restoration application was condoned while allowing the application under Section 5 of the Limitation Act.

The present appeal was dismissed in pursuance to the per emptory order dated 25.04.2018. It has been submitted in the restoration application that on that date, inadvertently, counsel for the appellant could not appear and hence, he was not aware of the per emptory order and therefore, the same could not be complied with.

In support of the restoration petition, an affidavit of the counsel himself who was representing the appellant has been filed.

Vide directions of this Court, the copy of the application under Section 5 of the Limitation Act as well as restoration petition was served on Mr. A.K. Gaur, Additional Advocate General who usually appears for the department and even his name was directed to be reflected in the cause list which has even been reflected. Despite the same, none has put in appearance on behalf of the respondents.

A perusal of the order dated 25.04.2018 makes it clear that none was present on behalf of the appellant on that date. As the present petition is supported by an affidavit of the counsel himself and the reason given in the petition seems to be plausible one and keeping in view that if the appeal is not restored, the ultimate sufferer would be the litigant, this Court deems it appropriate to allow the present restoration application and restore the appeal.

Hence, the present restoration application is allowed. Let the first appeal be restored to its original number.