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Judges : A.S.ANAND,S.B.MAJUMDAR
Shanti Devi - Appellant
Versus
State of Haryana - Respondent
Case No : R.P. D. No. 1249 of 1999 in C. A. No. 14608 of 1996
Decided On : 04/07/1999
Advocates Appeared :
For the Petitioner:--- For the Respondent:---
Review Petition - Grounds for Review - The court dismissed the review petition on the grounds of unexplained delay and lack of merit. The court cited Explanation to 0.47 R.1 of the Code of Civil Procedure, which states that the fact that a decision has been reversed or modified by a superior court in another case shall not be a ground for review.
Fact of the Case:
The review petition was filed with a delay of 761 days, and the grounds urged for review were based on the overruling of the judgment in another case.
Finding of the Court:
The court dismissed the review petition on the grounds of unexplained delay and lack of merit, citing the Explanation to 0.47 R.1 of the Code of Civil Procedure.
Issues: Unexplained delay in filing the review petition, grounds for review based on overruling of judgment in another case.
Ratio Decidendi: The court applied Explanation to 0.47 R.1 of the Code of Civil Procedure to rule out the grounds for review based on the overruling of a judgment in another case.
Final Decision: The review petition was dismissed on the grounds of unexplained delay and lack of merit.
1. We have seen the office report dated 17.3.1999. The defects pointed out therein are not removed. The delay of 761 days is not sufficiently explained. Hence this review petition is liable to be dismissed on that ground alone.
2. However, we have gone through the review petition and the grounds urged therein. The contention that the judgment sought to be reviewed was overruled in another case subsequently is no ground for reviewing the said decision. Explanation to 0.47 R.1 of the Code of Civil Procedure clearly rules out such type of review proceedings. Explanation to 0.47 R.1 reads as under:
"The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior court in any other case, shall not be a ground for the review of such judgment".
The same provisions by analogy usefully apply to the present proceedings.
3. Hence, even on merits the review petition is liable to fail.
4. The review petition is, therefore, dismissed both on the ground of unexplained inordinate delay as well as on merits.
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