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PRATHIBA M. SINGH
Rakesh Varma – Appellant
Versus
Vidya Sagar Bhagat (deceased) Thr Lrs And Another – Respondent
JUDGMENT
Prathiba M. Singh, J. - REVIEW PET. 492/2019
1. This hearing has been done through video conferencing.
2. The present review petition filed by the Review applicant/Respondent/Defendant No.2 (hereinafter 'Defendant No.2') under section 114 of the CPC read with Order 47 CPC seeks review of the order dated 11th September, 2019 passed by this Court. By the said order, the impugned order dated 8th January, 2019 in C.S. No.612619/2016 titled Dr. Rakesh Verma Vs. Vidya Sagar Bhagat passed by the ld. aDJ-03/West District/Tis Hazari Courts, Delhi (hereinafter 'Trial Court') granting Defendant No.2 the liberty to lead the evidence of the handwriting expert thirty years after the suit was filed was set aside.
3. The review petition is premised on the order dated 11th November, 2019 passed by the Supreme Court in SLP(Civil) No. 26334-35 of 2019 titled Suresh Manasharamani v Rakesh Varma & anr. wherein, the Supreme Court observed as under:
'The principal argument of the petition is that the respondents moved the High Court at a belated stage and in particular only after the report of handwriting expert was received placed on record before the Trial Court. This aspect, presumably, was not br
The filing of a review petition and the conduct of the parties in delaying the adjudication of the suit.
Review petitions must be timely and supported by substantive rationale; undue delays in seeking to reopen evidence can prejudice the rights of other parties.
The repeated failure to avail opportunities granted by the court to lead evidence can amount to an abuse of process of law and delay the final adjudication of a suit.
High Court under Article 227 of the Constitution of India cannot assume unlimited prerogative to correct all species of hardship or wrong decisions. It must be restricted to cases of grave derelictio....
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