STATE OF RAJASTHAN Vs. RAJ PAL SINGH CHAUHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. The applicant/plaintiff/respondent has filed these applications in S.B. Civil Second Appeal No. 54/2010 and S.B. Civil Second Apeal No. 472/2009 for recalling of the order of this Court dated 22nd February, 2011 STATE OF RAJASTHAN vs RAJPAL SINGH CHAUHAN, 2011 AIR(Raj) 101.

(2.) Learned counsel for applicant/respondent submitted that he had raised a preliminary objection about maintainability of the second appeals, which were directed against dismissal of the appeals being barred by limitation, consequent upon dismissal of the applications under Section 5 of the Limitation Act and in support of his contention, he relied upon judgment of the Hon'ble Apex Court in the case of Ratansingh vs. Vijaysingh and Others, 2001 AIR(SC) 279 and Full Bench decision of Karnataka High Court in the case of The Commissioner, Hubli-Dharwad Municipal Corpn. vs. Shrishail & Others, 2004 AIR(Kar) 75, at the time of raising preliminary objection, he was not aware that the judgment of the Hon'ble Supreme Court in Ratansingh vs. Vijaysingh had already been overruled by Larger Bench of the Hon'ble Supreme Court in Shyam Sunder Sarma vs. Pannalal Jaiswal, 2005 AIR(SC) 226. He has further submitted that when he came to know about the subsequent judgment of the Hon'ble Supreme Court, then he contacted the applicant and advised him to move the present application for recalling of the order. He has further submitted that he is deeply regretted and for which he places on record an unqualified apology.

(3.) Learned counsel for non-applicant/defendants/appellant submitted that she had no knowledge about subsequent judgment of Hon'ble Supreme Court delivered in Shyam Sunder Sarma vs. Pannalal Jaiswal , therefore, she could not bring the said judgment when the appeal was argued. Therefore, she also regrets and apologize for the same.