JUDGMENT :

1. Heard Sri U.S. Sahai, learned counsel for the review-petitioner.

2. The instant review-petition has been preferred against the judgment and order dated 24.02.2021 passed in Second Appeal No. 375 of 2001. The said review is also accompanied by an application seeking condonation of delay.

3. Having considered the application and the ground mentioned therein seeking condonation of delay, this Court finds that in view of the decision rendered by the Apex Court in the case of Suo Moto Writ Petition No. (Civil) 3 of 2020 In Ref: (Cognizance for Extension of Limitation) the period of said delay is to be excluded, hence, the review-petition shall be treated to be filed within time.

4. The Court has heard the learned counsel for the review-petitioner on admission of the aforesaid review-petition.

5. The submission of learned counsel for the appellant is that the instant second appeal was argued by Sri Nirmal Tiwari, Advocate. Since, thereafter he left for his heavenly abode and in the aforesaid circumstances, the appellants had contacted the counsel who has preferred the instant review-petition.

6. Sri U.S. Sahai while pressing the application for review submits that in the instant