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2022 (5) TMI 1604 - RAJASTHAN HIGH COURTRevision dismissed for want of prosecution - despite pendency of the revision for more than five years, no steps had been taken to move the application for condonation of delay - HELD THAT:- It is observed that the averments made in this application that Registry did not permit removal of defects on account of change of Officer Incharge is absolutely unacceptable on the aspect of submission of the application under Section 5 of the Limitation Act. It may be stated that there might have been some difficulty for removing the defects in the existing revision petition owing to change of Officer Incharge and difference in signature. However, nothing prevented the Department from filing the application under Section 5 of the Limitation Act because the affidavit in support thereof could have be sworn by the Officer-Incharge appointed at any point of time. There was no requirement of the same Officer Incharge who affirmed the affidavit in support of the revision petition to file the application under Section 5 of the Limitation Act. The averments made in the application for justifying the non-filing of the application under Section 5 of the Limitation Act are flimsy and farfetched and totally unacceptable - the misc. application is rejected as being devoid of merit.
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