STATE OF RAJASTHAN Vs. KAMAL KUMAR SHARMA

JUDGEMENT

(1.) HEARD learned counsel for parties.

(2.) THERE is delay of 1006 days in filing the special appeal. Counsel for appellants has filed an application u/s 5 of the Limitation Act, wherein it is stated that the registry has calculated the limitation treating this appeal as against the order dated 19.5.2008, whereby the writ petition was allowed, whereas the appellants have preferred this intra court appeal against the order dated 3.8.2010 whereby review petition filed by the appellants was dismissed. THEREfore, the delay comes only for about 246 days. He further submitted that the said delay has been properly explained, therefore, the delay be condoned. The application has been contested by the respondent by filing written reply to the application.

(3.) THE submission of the learned counsel for the appellants is that while considering the review petition, the learned Single Judge did not consider the same on merits, but dismissed the same only on the basis that respondent has been given appointment. THE argument of the learned counsel for appellants does not appear to be correct. We have examined the order passed by the learned Single Judge, rejecting the review petition and we find that the review petition has been considered on merits also. In these circumstances, we find no merit in this intra court appeal.