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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Subhash Vidyarthi,J.
Adeel Ahmad Khan – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Subhash Vidyarthi, J.
C.M. Application No.NIL of 2025 (Application for Condonation of Delay in filing the Review Application):
1. The review application has been filed with some delay. The review application is accompanied with an application seeking condonation of delay supported by an affidavit wherein filing of a Special Appeal is said to be the cause of delay in filing the review application. Adopting a liberal approach, the application for condonation of delay is allowed and the delay in filing the review application is condoned.
Order on Review Application:
2. The instant application has been filed seeking review of judgment and order dated 03.07.2024, passed in Writ-A No.3191 of 2019.
3. The review applicant had filed a Special Appeal Defective No.629 of 2024 against the judgment and order dated 03.07.2024, passed by this court, which is sought to be reviewed. The Special Appeal was filed after expiry of the period of limitation alongwith an application for condonation of delay in filing the Special Appeal. The application for condonation of delay was allowed and the delay in filing the Special Appeal was condoned by means of an order dated 08.01.2025. After condonation
A review application cannot be entertained after the dismissal of a Special Appeal without prior leave, reaffirming the doctrine of merger and judicial discipline.
A review petition cannot be used to reargue a case on merits and must point out an error apparent on the record; otherwise, it is not maintainable.
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 court emphasized that objections regarding jurisdiction must be raised promptly, and health issues cited were insufficient to justify delay in filing a review application.
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 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....
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