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2021 Supreme(SC) 1083

SUPREME COURT OF INDIA
UDAY UMESH LALIT, HEMANT GUPTA, S. RAVINDRA BHAT, JJ.
Raju Yadav & Ors. - Petitioners
Versus
Sarju Dusadh & Ors. - Respondents
Review Petition (C) No. of 2021 (Diary No. 17155 of 2021) In Special Leave Petition (C) No. 956 of 2021
Decided On : 16-11-2021

The dismissal of the Review Petition due to the absence of a substantial question of law and the failure to establish any error apparent on record.

Headnote:

Review Petition - Delay in Preferring Review Petition - The court condoned a delay of 160 days in preferring a Review Petition. The High Court dismissed the second appeal after concluding that no substantial question of law arose for consideration, affirming the concurrent view taken by both the lower courts. The Special Leave Petition arising therefrom was also dismissed by the Supreme Court. The grounds taken in the Review Petition did not make out any error apparent on record to justify interference, leading to the dismissal of the Review Petition.

Fact of the Case:

The delay of 160 days in preferring the Review Petition was condoned. The High Court dismissed the second appeal, affirming the concurrent view taken by both the lower courts. The Special Leave Petition arising therefrom was also dismissed by the Supreme Court.

Finding of the Court:

The court concluded that no substantial question of law arose for consideration, affirming the concurrent view taken by both the lower courts. The Review Petition was dismissed as the grounds taken did not make out any error apparent on record to justify interference.

Issues: Delay in preferring Review Petition, Substantial Question of Law, Error Apparent on Record

Ratio Decidendi: The court affirmed the concurrent view taken by both the lower courts regarding the absence of a substantial question of law. The Review Petition was dismissed as the grounds taken did not establish any error apparent on record.

Final Decision: The Review Petition was dismissed due to the absence of a substantial question of law and the failure to establish any error apparent on record.

ORDER :

1. Delay of 160 days in preferring Review Petition is condoned.

2. The second appeal was dismissed by the High Court after concluding that no substantial question of law arose for consideration. The concurrent view taken by both the courts below was thus affirmed.

3. The Special Leave Petition arising therefrom was dismissed by this Court.

4. The grounds taken in the Review Petition do not make out any error apparent on record to justify interference. This Review Petition is, therefore, dismissed.

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