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DELHI HIGH COURT
PRATHIBA M.SINGH
Rakesh Varma – Appellant
Versus
Vidya Sagar Bhagat – Respondent
| Table of Content |
|---|
| 1. review petition filed under cpc. (Para 1 , 2 , 3) |
| 2. arguments regarding the timeliness of the challenge. (Para 4 , 5 , 6 , 7) |
| 3. court's analysis of the belated motion. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. review application dismissed and timelines set. (Para 18 , 19 , 20) |
JUDGMENT
Prathiba M. Singh, J. (Oral)
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
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 filing of a review petition and the conduct of the parties in delaying the adjudication of the suit.
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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