2021 Supreme(SC) 1078

SUPREME COURT OF INDIA
UDAY UMESH LALIT, HEMANT GUPTA, S. RAVINDRA BHAT, JJ.
Vimla Devi - Petitioner
Versus
Chhabiram & Ors. - Respondents
Review Petition (C) No. of 2021 (Diary No. 8299 of 2021) In Special Leave Petition (C) No. 12937 of 2020
Decided On : 16-11-2021

The court considered the delay in preferring the review petition, the substantial questions of law, and the grounds for the Review Petition in reaching its decision.

Headnote:

Delay - Review Petition - The court condoned a delay of 45 days in preferring a review petition and dismissed the application for listing the review petition in open court. The High Court allowed the Second Appeal and restored the judgment and order passed by the Trial Court. The Special Leave Petition was dismissed after affirming the view taken by the High Court. The Review Petition was dismissed as it did not make out any error apparent on record to justify interference.

Fact of the Case:

The High Court allowed the Second Appeal and restored the judgment and order passed by the Trial Court. The Special Leave Petition was dismissed after affirming the view taken by the High Court.

Finding of the Court:

The court analyzed the entirety of the matter, including the substantial questions of law, and allowed the Second Appeal while dismissing the Special Leave Petition. The Review Petition was also dismissed for not making out any error apparent on record.

Issues: Delay in preferring review petition, restoration of judgment and order, affirming the view taken by the High Court, grounds for Review Petition

Ratio Decidendi: The court considered the delay in preferring the review petition, the substantial questions of law, and the grounds for the Review Petition in reaching its decision.

Final Decision: The High Court's decision to allow the Second Appeal and restore the judgment and order passed by the Trial Court was affirmed. The Special Leave Petition was dismissed, and the Review Petition was also dismissed.