1. Review Petition — Delay in filing — Prior dismissal of Special Leave Petition on grounds of inordinate delay. (Para 1 , 2 )
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2021 Supreme(SC) 1043
SUPREME COURT OF INDIA
Uday Umesh Lalit, L. Nageswara Rao, JJ.
Shri. Prabhat Chandra Das - Petitioner
Versus
Union of India & Ors. - Respondents
Review Petition (Civil) D. No. 527 of 2021, In Special Leave Petition (Civil) No.8826 of 2018
Decided On : 30-11-2021
Important Points
Courts may refuse to condone delays in filing petitions if the explanation offered is unsatisfactory.
Subject
Civil Law - Petitions and Appeals
Headnote
Delay - Review Petition - Dismissal due to delay
Fact of the Case:
The Review Petition was delayed by 987 days and the Special Leave Petition was dismissed due to a delay of 1213 days.
Finding of the Court:
The court found the explanation for the delay unsatisfactory and refused to condone the delay, leading to the dismissal of the Review Petition.
Issues: Delay in filing the Review Petition and Special Leave Petition
Ratio Decidendi: The court refused to condone the delay in filing the Review Petition, leading to its dismissal.
Final Decision: The Review Petition was dismissed due to the delay.
Legal Category Hierarchy
Table of Contents
2. Application for condonation of delay — Explanation offered for the delay in filing the Review Petition. (Para 3 )
3. Evaluation of the application for condonation of delay — Explanation offered found to be unsatisfactory. (Para 3 )
4. Condonation of delay — Requirement of a satisfactory explanation for the delay in filing a petition. (Para 3 , 4 )
5. Application for condonation of delay refused — Review Petition dismissed on the ground of delay. (Para 4 )
6. What is required for the court to condone a delay in filing a petition?
The party seeking condonation must provide a satisfactory explanation for the delay in filing the petition. (Para 3 )
7. What is the outcome when a court finds the explanation for delay in filing a Review Petition unsatisfactory?
The court will refuse to condone the delay and dismiss the Review Petition on the ground of delay. (Para 4 )
ORDER :
1. There is delay of 987 days in preferring the instant Review Petition.
2. The Special Leave Petition was dismissed on the ground of inordinate delay of 1213 days in filing the Special Leave Petition.
3. We have gone through the explanation offered in the application seeking condonation of delay, which is far from being satisfactory.
4. We, therefore, refuse to condone the delay. Consequently, the instant Review Petition is dismissed on the ground of delay.
