SBCWP NO.7944/06. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.7944/2006. Rajasthan State Agro Industries Corpn.Ltd. & Anr. Vs. A.D.J. No.2, Jaipur & Anr. Date of order:- 21/02/2008. HON’BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Suresh Goyal for the petitioners. Shri Babu Lal Gupta for the respondents. ***** BY THE COURT:- Heard learned counsel for the parties. This writ petition has been filed against the judgment dated 7/9/2006 whereby the regular preferred by the petitioners against the judgment and decree passed by the learned Additional Civil Judge (Junior Division) West, Jaipur City, Jaipur dated 9/11/2005 has been dismissed by the learned appellate court on the ground of delay. Appeal has been dismissed because it was barred by limitation and was filed 17 days after expiry of the limitation. Learned counsel for the petitioners has argued that petitioners could not apply for certified copy of the order on 9/11/2005 but they SBCWP NO.7944/06. 2 did so only on 21/12/2005 when this fact came to their knowledge that the suit has been decreed. It was submitted that petitioner is a government company and there is no deliberate intention on its part not filing the appeal in time. It is therefore contended that the impugned order may be set aside by condoning the delay in filing the appeal and the matter may be remanded to the appellate court for deciding it on merit. Learned counsel for the respondents while opposing the writ petition has argued that the judgment dated 9/11/2005 was very much in the knowledge of both the parties and if petitioners did not apply for certified copy and did not file appeal within the period of limitation, the plaintiff-respondent cannot be deprive of the fruits of the decree passed in his favour by the appellate court. Learned counsel argued that earlier also a decree was twice passed against the petitioners but in their appeal the matter was remanded to the trial court and now it is third series of litigation. Learned counsel therefore prayed that in the peculiar facts of the case, petitioners do not deserve any indulgence of this court. The writ petition be therefore dismissed. Having regard to the facts of the case aforestated and also the fact that appeal has SBCWP NO.7944/06. 3 merely been decided on the ground of delay and that if merits of the case are not examined by the appellate court, the petitioners would suffer financial loss and for the reasons stated in the application for condonation of delay, I am however inclined to condone the delay subject to payment of cost to the respondents. In the result, the writ petition is allowed. Consequently, the order dated 7/9/2006 is set-aside. The matter is remanded back to the court of A.D.J. No.2, Jaipur City Jaipur for deciding the appeal within a period of three months from the date of production of certified copy of this order with further direction that the appeal of the petitioners would be liable to be entertained only upon petitioners making payment of cost of Rs.1000/- to the learned counsel for the respondents before the learned appellate court. Both the parties shall appear before the trial court on 3/4/2008. (MOHAMMAD RAFIQ), J. anil