UNITED CONSTRUCTION CO. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPLICATION under Article 226(3) of the Constitution of India has been listed for modification/vacation of the order dated 19.01.2007 whereby the court has directed that till filing of the objections, proceedings in Civil Misc.Case No.144 of 2005 shall remain stayed. On hearing the learned counsel for the parties on the application, we find that the appeal itself can be disposed of. Learned counsel for the parties have agreed for disposal of the appeal and is accordingly taken up for disposal.

(2.) HEARD learned counsel for the parties.

(3.) THE learned trial court passed two orders, viz., 28.07.2006 and 02.09.2006. The order dated 28.07.2006 is not relevant for the purpose, though, this was also challenged by way of the writ petition. Vide order dated 02.09.2006, the trial court directed that the application under Section 5 of the Limitation Act shall be dealt with and decided at the time of considering the objections. Against these two orders, writ petition bearing No.7956 of 2006 came to be filed, which has been dismissed by the learned Single Judge vide order dated 06.11.2006, under appeal.