AIR 2005 RAJASTHAN 228 ::(2005) 1 Raj LR 431

Rajasthan High Court

Hon'ble Judge(s): Sunil Kumar Garg , J

(A) Constitution of India , Art.226— Writ proceedings - Strict provisions of Civil P.C. do not apply in view of Expln. to S. 141 of Code - Provisions of O. 22 of Code are not per se applicable to writ proceedings - Provisions of O. 9, R. 9, though in terms does not apply to writ petition - Principle underlying that provision in respect of judging sufficient cause - Can be applied to writ petitions also taking into consideration facts of each case. Civil P.C. (5 of 1908) , S.141, O.9 R.9— (Para 8 9) (B) Constitution of India , Art.226— Writ proceedings - Law of limitation - Applicability - Law of limitation does not apply to writ proceedings and also to filing application under O. 22, R. 4 of Civil P.C. - However such application under O. 22, R. 4 of Code should be made within reasonable time and there should not be undue or unreasonable delay in making it. Civil P.C. (5 of 1908) , O.22 R.4— (Para 12) (C) Constitution of India , Art.226— Writ petition - Applicability of law of limitation and Civil P.C. - Application filed under O. 22, R. 4 of Civil P.C. during pendency of writ petition - Applicants legal representatives had alrea....