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1973 Supreme(Del) 34

S.N.ANDLEY
PAIN CHANCIER – Appellant
Versus
VASHIST KUMAR – Respondent


Advocates Appeared:
ANUP SINGH, B.J.NAYAR

S. N. Andley

( 1 ) THIS review application has been filled for the review if my order dt. 21. 3. 72 by which the revision petition filed by the respondent was allowed and ihe entire suit filed by the applicant with regard to all the prayers in the suit WAS dismissed as withdrawn.

( 2 ) THE first objection raised on behalf of non-applicant is that application has been filed beyond prescriced period of 30 days. [after giving details of dates, the Judgement proceeds] It seems to me that there was not only one day s delay in the filing of the review application but the applicant also was not very vigilant in complying with the requisitions of the office within the time allowed to him. If the matter had rested there, I would have been reluctant to condone the delay because there does not appear to be sufficient justification for the delay in refiling the application within the time allowed by the office and if the dates of refiling are to be taken into consideration the review application will undoubtedly be hopelessly time-barred.

( 3 ) HOWEVER, on hearing the matter on merits, I feel that the order made on March 21, 1972 with regard to the disposal of the suit was not an order in accor









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