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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mansoor Ahmad Mir, Sandeep Sharma, JJ.
Bharat Bhushan - Petitioner
Versus
Himachal Pradesh University and others - Respondents
RP No. 59 of 2016
Decided On : 22-06-2016
Review Petition - Dismissal of Review Petition as Time Barred - The court held that no case for condoning the delay or review is made out in terms of the mandate of Section 114 of the Code of Civil Procedure (CPC) read with Order 47 CPC.
Fact of the Case:
The review petitioner sought review of a judgment and order made by the Court, which was dismissed by the Court.
Finding of the Court:
The Court found that no case for condoning the delay or review is made out in terms of the mandate of Section 114 of the Code of Civil Procedure (CPC) read with Order 47 CPC.
Issues: Review of judgment and order, dismissal of review petition, condoning the delay
Ratio Decidendi: No case for condoning the delay or review is made out in terms of the mandate of Section 114 of the Code of Civil Procedure (CPC) read with Order 47 CPC.
Final Decision: The limitation petition is dismissed. Consequently, the review petition is dismissed as time barred.
Mansoor Ahmad Mir, J.
CMP (M) No. 1493 of 2015 & RP No. 59 of 2016
The review petitioner-applicant has sought review of judgment and order, dated 19th May, 2014, made by this Court in LPA No. 210 of 2011, titled as Shri Bharat Bhushan versus Himachal Pradesh University & others, whereby the appeal filed by the review petitioner-applicant came to be dismissed.
2. It is apt to record herein that the review petitioner-applicant had questioned the said judgment before the Apex Court by the medium of SLP (C) No. 17718 of 2014, which was dismissed vide order, dated 14th November, 2014.
3. In view of the dismissal of the SLP, no review will lie.
4. We have otherwise gone through the review petition and are of the view that no case for condoning the delay or review is made out in terms of the mandate of Section 114 of the Code of Civil Procedure (for short “CPC”) read with Order 47 CPC.
5. Having said so, the limitation petition is dismissed. Consequently, the review petition is dismissed as time barred.
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