1. The applicant filed a review petition with a significant delay and a corresponding application for condonation of delay. (Para 1 )
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2026 Supreme(Online)(Ker) 74924
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S., JJ
Sarath M.K – Appellant
Versus
State of Kerala – Respondent
RP NO. 745 OF 2026|WA NO.1025 OF 2022
Important Points
A review petition is liable to be dismissed if the accompanying application for condonation of delay is rejected due to the failure of the petitioners to demonstrate sufficient cause for the delay.
Subject
Civil Law - Procedural Law
Act Referred
Code of Civil Procedure, 1908: O.XLVII R. 1, S.114
Headnote
(A) Procedural Law - Condonation of Delay - Review Petition - Where the applicants fail to provide sufficient reason for a substantial delay in filing a review petition, the application for condonation of delay is liable to be dismissed, consequently leading to the dismissal of the main review petition. (Para 2)
Issues: Whether the delay of 868 days in filing the review petition could be condoned due to lack of sufficient cause.
Issues: Whether the delay of 868 days in filing the review petition could be condoned due to lack of sufficient cause.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Liju V. Stephen, Indu Susan Jacobs, S M H T R . I J . I Sa J N I J A J Y O Y Johnson Mathews, Steffy Elizabeth Paul
For the Respondents: N. Satheesh, T. K. Kufosts Akkal
For the Appellants/Petitioners: Liju V. Stephen, Indu Susan Jacobs, S M H T R . I J . I Sa J N I J A J Y O Y Johnson Mathews, Steffy Elizabeth Paul
For the Respondents: N. Satheesh, T. K. Kufosts Akkal
Table of Contents
2. The petitioners contended that an error apparent on the face of the record exists in the previous judgment and sought condonation of the 868-day delay. (Para 1 )
3. The court evaluated the reasons provided for the delay in light of settled legal principles. (Para 2 )
4. A review petition accompanied by a time-barred delay application without sufficient cause must be dismissed. (Para 2 )
5. The application for condonation of delay is dismissed, resulting in the dismissal of the review petition. (Para 2 )
6. Does a review petition survive if the associated application for condonation of delay is dismissed?
No, if the court finds no sufficient cause to condone the delay in filing, the application for condonation is dismissed, and consequently, the review petition itself cannot be entertained and stands dismissed. (Para 2 )
ORDER
Muralee Krishan S, J.
The appellants in W.A.No.1025 of 2022 filed this review petition under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure, 1908, contending that there is an error apparent on the face of the record in the judgment dated 11.01.2024 passed by a Division Bench of this Court. Since the review petition was filed with a delay of 868 days, the applicants-review petitioners filed C.M.Application No.1 of 2026 to condone the said delay.
2. Having considered the reason for the delay stated in the application and the submissions made at the Bar in the light of the settled principles of law, we found that no sufficient reason has been made out by the applicants-review petitioners to condone the delay and accordingly dismissed the C.M.Application by a separate order.
In view of the dismissal of the C.M. Application filed for condonation of delay, this review petition also stands dismissed.
