STATE OF RAJASTHAN AND ORS Vs. RAM KUMAR

JUDGEMENT

(1.) Heard learned counsel for the parties. An application has been moved by the learned counsel for the respondent for recalling the order passed by this Court on 25th Feb., 2002, allowing the application under section 5 of the Limitation Act. The appeal, in fact, has been presented after 144 days from the date of limitation.

(2.) It has been contended by the learned counsel for the respondent that the notices were issued in respect of the application under section 5 of the Limitation Act which were returnable on 23rd Feb., 2002 and 23rd Feb., 2002, which was an office date, having been declared as a holiday on account of Idd, the matter could not have been posted for hearing on merit of the application on 25th Feb., 2002 because of the intervening Sunday on 24th Feb., 2002. Learned counsel has filed his Vakalatnama on 26th Feb., 2002.

(3.) The record reveals that after the notices were issued returnable on 23rd Feb., 2002, which was a Saturday, an application has been moved by the learned counsel for the appellants on 21.2.2002 to get the matter listed on 22nd Feb., 2002 pointing out that the service on the respondent is already complete. However, the date was not pre-poned; but the case was permitted to be listed in Court on 25.2.2002 only, when the case would otherwise have been listed, as Rule was returnable on 23.2.2002. On 21st Feb., 2002, office reported that the notices have been returned after service and as per the permission granted by the Court, the matter was listed on 25th Feb., 2002. There is no dispute about the fact that on 25th Feb., 2002, on the first date on which respondent could have put appearance, if they were to wait for the last date, no appearance was put by anyone. In these circumstances, we are not impressed by the contention that the matter could not have been listed for orders on 25th Feb., 2002.