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2022 Supreme(SC) 750

SUPREME COURT OF INDIA
Uday Umesh Lalit, Ajay Rastogi, JJ.
Surender Mohan – Petitioner
Versus
State of Haryana And Another – Respondent
Review Petition (Civil) No.1407 of 2021 In Special Leave Petition (Civil) D. No. 6715 of 2020
Decided On : 11-01-2022

Important Points

Dismissal of review petition due to delay in preferring special leave petitions without satisfactory explanation.

Subject

Civil Law - Limitation

Headnote

Limitation - Review Petition - Dismissal of petitions due to delay in preferring special leave petitions

Fact of the Case:

The special leave petitions were dismissed due to a delay of 2659 and 3017 days in preferring them, and the review petition was filed challenging this dismissal.

Finding of the Court:

The court found no error apparent on record to justify interference with the dismissal of the review petition.

Issues: Delay in preferring special leave petitions, Grounds for review petition

Ratio Decidendi: The court dismissed the review petition as there was no satisfactory explanation for the delay in preferring the special leave petitions.

Final Decision: The review petition was dismissed.

Legal Category Hierarchy

  • practice and procedure
    • civil procedure
      • review petition (Para 2)
      • limitation (Para 1)

Table of Contents

1. Review petition challenging the dismissal of special leave petitions on the ground of limitation due to significant delay. (Para 1 )

2. Petitioner seeks review of the dismissal order on the grounds that there is an error apparent on record. (Para 2 )

3. No error apparent on record was found to justify interference with the order dismissing the petitions on the ground of limitation. (Para 2 )

4. A review petition is dismissible if there is no error apparent on record to justify interference with the original order. (Para 2 )

5. Review petition dismissed. (Para 2 )

6. What is the legal standard for granting relief in a review petition?

Relief in a review petition is granted only if the court finds an error apparent on record that justifies interference with the original order. (Para 2 )

7. Can an order dismissing petitions on the ground of limitation be challenged via a review petition?

Yes, an order dismissing petitions due to limitation can be the subject of a review petition, though it will be dismissed if no error apparent on record is found. (Para 1 , 2 )

ORDER :

1. There was delay of 2659 and 3017 days in preferring the special leave petitions. Since there was no satisfactory explanation for delay, the petitions were dismissed on the ground of limitation, which order is now subject matter of the instant review petition.

2. We have gone through the grounds raised in the instant review petition and do not find any error apparent on record to justify interference. This review petition is, therefore, dismissed.

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