IMPORTANT POINT
The judgment emphasizes the importance of demonstrating genuine and acceptable reasons for condoning a delay in filing legal petitions, highlighting the need for parties to act diligently and vigilantly in pursuing their legal remedies.

ORDER

Chandra Dhari Singh, J. (Oral)

CM APPL. No. 53935/2023 (delay in filing)

1. The instant application has been filed on behalf of the applicants/petitioners/appellants under Section 5 of the Limitation Act, 1963 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter "CPC") seeking the following reliefs:

"a. Condone the delay of 427days in filing of the present review petition and admit the same; and

b. Pass such other or further order as may be required in the facts and circumstances of the case."

2. The applicants/petitioners/appellants have filed the accompanying review petition bearing Review Petition No. 284/2023 in RFA No. 741/2002 seeking review of the impugned judgment dated 28th November, 2011, passed by the the Predecessor Bench of this Court, whereby it had upheld the preliminary decree dated 20th July, 2002 passed by the learned Trial Court in favour of the respondents.

3. The applicants/petitioners/appellants have filed the present application seeking condonation of delay of 427 days in fling the above said review petition.

4. Learned counsel appearing on behalf of the applicants/petitioners/appellants submitted that the instant application has been filed with bona fide intentions and there is sufficient cause in favour of the applicants for condonation of the delay.

5. It is submitted that the present review petition is premised on the fact that a certain document, i.e., a report of the Local Commissioner and the stand of DDA were placed on record before the learned Trial Court between the years 2015 and 2018 which ultimately states the correct factual position and prove that the observations made on the facts of the impugned judgment are completely erroneous.

6. It is submitted that in view of the aforementioned document and subsequent developments qua the subject issue, the petitioners pursued their remedy under the various legal provisions, firstly, by filing an application under Order VII Rule 11 of the CPC which came to be dismissed vide order dated 2nd March, 2019 and secondly, by filing an application for reference, under Order XLVI Rule 1 of the CPC, which was also dismissed by the learned Trial Court vide order dated 12th March, 2020.

7. It is submitted that it is apparent on the face of the record that the applicants/petitioners had never given up on its contentions regarding the true and correct factual position in respect of the acquisition of land which is the subject matter in the impugned judgment.

8. It is submitted that after the above events, in March, 2020, the functioning of the Courts came to a halt due to the COVID-19 pandemic. It is further submitted that due to the said pandemic, the Hon'ble Supreme Court extended the limitation period from time to time. As such, the limitation for filing a review petition was available till 30th May, 2022 from the date of passing of the order dated 12th March, 2020 passed in the application under XLVI Rule 1 of the CPC, when the contentions of the petitioners were finally rejected.

9. It is submitted that after the above said chain of events, the petitioners took some time in consulting their lawyers and obtaining all the requisite documentation pertaining to the case and managing financial resources which ultimately caused the unintentional delay of 427 days from 30th May, 2022.

10. Therefore, in view of the foregoing paragraphs, it is prayed that the instant application may be allowed and the delay may be condoned.

11. Per Contra the learned counsel appearing on behalf of the non- applicants/respondents vehemently opposed the instant application and submitted that the same is liable to be dismissed being devoid of any merits

12. It is submitted that the applicants/petitioners by way of the instant application are merely abusing the process of law and have not approached this Court with bona fide intentions.

13. It is submitted that in light of the foregoing paragraphs, the delay may not be condoned and accordingly, the instant application be dismisse