STATE OF RAJASTHAN Vs. BHANWAR KANWAR SMT

JUDGEMENT

(1.) THIS appeal was filed under Section 30, Workmen's Compensation Act, 1923 against the order of the Workmen's Compensation Commissioner, Sri Ganganagar dated January 31, 1984 awarding compensation to the tune of Rs. 19,200/- to the respondents on the death of her husband/their father, Gajanand. On August 25, 1987, the following order was passed :

(2.) ON September 1, 1987, the office reported that process fee and notices have not been filed. Accordingly, the Deputy Registrar (Judicial) passed order on September 4, 1987 that the appeal stands dismissed. On May 2, 1989, an application under Order 41 Rule 19, C. P. C. for the restoration of the appeal was moved stating that the appellant filed notices on August 31, 1987, due to oversight the concerned clerk of the office of the Government Advocate, Jodhpur mentioned 'defective' on it and as a result thereof the notices reached the defective Section of the High Court instead of Civil Section. An affidavit of Smt. Kiran Jain, U. D. C. of the office of the Government Advocate, Jodhpur has been filed in support of it. On December 19, 1989, an application under Section 5, Limitation Act was filed for condoning the delay in submitting the notices beyond the stipulated period. On March 27, 1990, additional affidavit of Smt. Kiran Jain was filed.

(3.) ARGUMENTS of the learned Government Advocate have been heard at length.