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MAHESH CHANDRA TRIPATHI, PIYUSH AGRAWAL
Chetram @ Mintu – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Civil Misc. Delay Condonation Application No.1 of 2023
1. Learned counsel for the respondents states that he is not inclined to file an objection to the delay condonation application and he has no objection in case delay condonation application is allowed.
2. For the reasons stated in affidavit filed in support of delay condonation application, as the same constitutes sufficient cause for condoning delay in filing review application, the delay condonation application is allowed. The review application is treated to have been filed well within time.
Review Application
1. Heard Sri Jai Shanker Misra, learned counsel for the applicants/petitioners and Sri Kaushalendra Nath Singh, learned counsel for the respondent/NOIDA.
2. The instant review application is preferred to review the judgment and order dated 22.04.2022 passed by the Division Bench in Writ C No.10106 of 2022 (Chetram Chauhan @ Mintu and others vs. State of U.P. and 3 others).
Factual Matrix
3. Record reflects that the applicants-petitioners were owners with transferable right of Khasra No.422M/0.9700 hec., 428M/0.6410 hec. and 570M/0.7460 hec. situated in Village Sadarpur, Tehsil Dadri, District Gautam Buddh Nagar. The
Review jurisdiction is limited to errors apparent on the face of the record; it cannot involve re-evaluation of evidence or serve as an appeal.
Point of law: Application for review of judgment - It is settled that review powers cannot be exercised on the ground that the earlier decision was erroneous on merit or that a different view was pos....
The court clarified the limited scope of review and the need for parties to approach the court with 'clean hands' and emphasized the finality of judgments to maintain judicial justice.
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