IN THE SUPREME COURT OF INDIA               CIVIL APPELLATE JURISDICTION

      CIVIL APPEAL NO.1866 OF 2009            (Arising out of SLP(C)No.5201 of 2008)                

STATE OF RAJASTHAN & ANR.                             .....APPELLANT(S) VERSUS

HARISH GAURAV                                         ....RESPONDENT(S)

             O  R  D  E  R

Leave granted.

In spite of service of notice upon the sole respondent, no one has entered appearance on his

behalf.

This  appeal  is  directed  against  the  judgment  and  order  dt.30.07.2007  in  SBCRP

No.2917/2007 passed by the High Court of Judicature for Rajasthan at Jodhpur by which the High

Court had dismissed the revision petition on the ground of delay of 36 days in filing the same.

Having heard  learned  counsel  for  the  appellants  and  after  considering the  materials  on

record and the averments made in the application for condonation of delay, we are of the view that

the appellants have made out sufficient cause for condonation of delay in filing the revision petition

and  the  delay of  36 days  in  filing  the  same ought  to  have  been condoned  by  the  High Court.

Accordingly, the impugned order is set aside and the matter is remitted back to the High Court for

decision on merits and in accordance with law.  The appeal is thus allowed.  There will be no order

as to costs.

                          ......................J.                            (TARUN CHATTERJEE)

                          ......................J.                            (H.L.DATTU)

NEW DELHI; MARCH 23, 2009.