SWARN SINGH MANN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This special appeal has been filed with delay of 172 days, which is sought to be explained in the application under Section 5 of the Limitation Act stating that after decision of the writ petition vide order dated 26.07.2018, the petitioner-appellants filed review petition and the review petition was decided vide order dated 22.01.2019 and therefore the period of limitation ought to have been counted from 22.01.2019 and if that is done the appeal would be within limitation.

(2.) In view of the above, the delay of 172 days in filing the appeal is condoned. The application under Section 5 of the Limitation Act is accordingly allowed.

(3.) The matter is heard on merits.