STATE OF RAJASTHAN Vs. LATE SHRI KINDURI LAL

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) LEARNED counsel for respondents has raised an objection that similar special appeal by the same appellants against the same order passed in same Writ Petition, bearing D.B. Civil Special Appeal (Writ) No. 607/2002 was dismissed on merits by co-ordinate bench of this Court vide order dated 4.5.2007, and the fact of filing of earlier special appeal was not disclosed in memo of this appeal. He further submitted that the appellants have suppressed this important material fact, more so the earlier appeal has already been dismissed, therefore, the appeal be dismissed with heavy cost. He referred the certified copy of order dated 4.5.2007, which is taken on record.

(3.) FROM the Memo of appeal as well as the certified copy of the order dated 4.5.2007, it is clear that two different advocates have preferred two different special appeals on behalf of same three appellants, namely, State of Rajasthan, Collector, Sawaimadhopur and Municipal Board. The fact of filing of another D.B. Civil Special Appeal(W) has not been disclosed in the Memo of Appeal. D.B.CIVIL SPECIAL APPEAL(WRIT) NO. 607/2002, has already been decided on merits by co-ordinate bench of this Court way back on 4.5.2007. In these circumstances, we are of the view that present special appeal was not maintainable. The similar special appeal against the same order, passed in same writ petition, has already been dismissed. In these circumstances, we find that present special appeal is not maintainable. Since appellants have suppressed this important fact from this Court, therefore, we find this case to be fit one to impose cost also.