1 D.B.Civil Special Appeal (Writ) No.1598/2008 Bhairu Lal Suman & ors. V/s State of Rajasthan & ors. 15.11.2010 Hon'ble the Acting Chief Justice Mr.Arun Mishra Hon'ble Mr.Justice Mohammad Rafiq Mr.R.R.Sharma for Mr.Bhanwar Bagri for the appellants. Mr.Mohd.Anees ) Mr.R.P.Singh,Addl.Advocate General)for respondents. This intra-court appeal is barred by 192 days. For the reasons given in the application under section 5 of the Limitation Act duly supported by affidavit, delay in filing this appeal is hereby condoned. The application u/s 5 of the Limitation Act thus stands allowed. Heard on merits of the case also. The writ petition was dismissed on 3.9.2007. Requisite notices were not filed since August 2005. It is submitted in the memo of appeal that counsel was unable to comply with the order in the peculiar circumstances. After hearing the learned counsel for the parties, we are of the opinion that litigant should not suffer due to the mistake of the counsel. As such, we order restoration of the writ petition, however, subject to filing requisite notices within 15 days and on payment of cost of Rs.250/- (Rs.two hundred fifty only) to the Rajasthan State Legal Services Authority within the same period. This intra-court appeal thus stands disposed of. (Mohammad Rafiq)J. (Arun Mishra)Acting C.J. Parmar