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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Ashok Kumar – Appellant
Versus
State of H.P. – Respondent
Judgment :
Jyotsna Rewal Dua, J.
Petitioner seeks review of Jallan Cooperative Agriculture Service Society Ltd. Vs. State of H.P. and Others , CMPMO No. 4101 of 2013, decided on 12.03.2018.
2. Since the review petition suffers from delay of 6 years & 134 days, an application has been moved for condoning the same.
2(i). For seeking condonation of delay, the case set- up by the petitioner is that the judgment in question was rendered against the petitioner on 12.03.2018. Petitioner, within the limitation period, assailed the same by way of Letters Patent Appeal (LPA) No.12 of 2018. The aforesaid LPA was admitted and set down for hearing. It was on 01.07.2024, that LPA was dismissed on the ground of being not maintainable against the order passed under Article 227 of the Constitution of India. Liberty was reserved to the petitioner to avail appropriate remedy in accordance with law. According to the petitioner, he preferred instant Review Petition within the limitation period from the date of dismissal of his LPA. Therefore, delay deserves to be condoned.
2(ii) Learned Senior Counsel for the respondents submitted that it was in 1978 that in Ishwar Singh Vs. Smt. Ram Piari and Another , A
Delay in review petition condoned under Section 14 Limitation Act, excluding time in bona fide Letters Patent Appeal against Article 227 order dismissed for non-maintainability. Review dismissed for ....
The court ruled that a party cannot justify an inordinate delay in filing a review petition based on subsequent overruling of a prior decision, as it violates the principles of limitation and suffici....
The State must provide satisfactory reasons for delay in filing petitions; bureaucratic inefficiency is no excuse. Condonation of delay should not undermine the principles of timely justice.
The sufficiency of the cause for condoning delay is paramount, and a liberal interpretation of 'sufficient cause' is justified when no mala fides are present, despite the length of the delay.
“unavoidable” and “unspoken” circumstances cannot be taken shelter of to claim condonation of delay in approaching the Courts. In fact the course adopted by the State in preferring the review petitio....
The main legal point established in the judgment is the requirement for a liberal, pragmatic, justice-oriented approach in dealing with applications for condonation of delay, while also emphasizing t....
The power of review is limited to correcting apparent errors on the record and cannot be used to rehash arguments or findings that have been previously settled.
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