- (1.) The matter comes up on an application (13462/2009) under Section 5 of the Limitation Act filed by the appellant with the prayer that delay in filing the appeal be condoned.
(2.) At the outset, it may be mentioned that this application was filed alongwith appeal (07438/2009), challenging the order dated 09.07.2008, in the year 2009. Thereafter, an amendment was made in Rule 155 of the Rajasthan High Court Rules, 1952 as a result of which, memoranda and petition, after presentation, were to be registered in the Register concerned as provided under Rule 850, in the manner as given in the amendment. Further, amendment was brought in Rule 850 where the word 'presentation' was substituted in place of "admission and no defective case shall be entered therein". Likewise, an amendment was brought in Rule 852 where the existing rule regarding register of defect cases was to be ommitted. The said amendments were deemed to have come into force w.e.f. 01.01.2011.
(3.) The instant case was listed before the Court on 24.05.2011 and the appellant was granted four weeks' time to remove defects, failing which the appeal was to be dismissed automatically without reference to the Court. Thereafter, when the matter was listed before the Court on 31.10.2012, the appeal was registered as (1679/2011). The amendment in the High Court Rules with regard to registration of memoranda or petition, after presentation, were to be registered, had come into effect from 01.01.2011 but the Registry had registered the instant appeal even though the same was pending since 2009 and initially it was already registered on the defect side (07438/2009). However, the application under Section 5 of the Limitation Act continued to be numbered as (13462/2009). Therefore, the registration of this appeal by the Registry on the ground that the amendment has been made in the Rajasthan High Court Rules, 1952 is erroneious for the simple reason that the said amendment was to be made applicable only from 01.01.2011 and not to those filed prior to it whereas the instant appeal as well as the application under Section 5 of the Limitation Act had been filed in the year 2009.;