OM PRAKASH VIJAY Vs. STATE OF RAJASTHAN THROUGH THE SECRETARY, DEPARTMENT OF PANCHAYATI RAJ DEPARTMENT, SECRETARIAT, JAIPUR & ORS.

JUDGEMENT

(1.) For the reasons mentioned in the main application, the delay of 2186 days in filing the restoration application is condoned.

(2.) Defects pointed out by the Registry are waived.

(3.) The case was dismissed due to mistake of the counsel. Litigant may not suffer due to mistake of the counsel. Considering the aforesaid aspect, we are inclined to restore DB Civil Special Appeal No. 605/2002 to its original number, subject to the condition that the appellant shall pay a sum of Rs. 250/- as costs. In case, the appellant deposits Rs. 250/- as costs with the Rajasthan State Legal Services Authority within 15 days from today, the appeal shall stand restored to its original number.