Review application is barred by limitation

Review Application Barred by Limitation

Overview

The legal principle regarding the limitation period for filing review applications is well established in Indian law. Review applications must be filed within a specified time frame, and failure to do so typically results in dismissal unless a valid application for condonation of delay is submitted.

Key Findings

Limitation Period for Review Applications

General Rule: Review applications are generally subject to strict limitation periods. For instance, under Article 124 of the Limitation Act, 1963, a review petition must be filed within 30 days from the date of the decree or order sought to be reviewed MASSILAMONY THANKAYYAN VS VELAYUDHAN NADAR - Kerala (2067).
Specific Cases:
Review Petition (Civil) No.465 of 2017 was barred by 70 days, and Review Petition (C) No.472 of 2017 was barred by 138 days, with no justification provided for condoning the delay Union of India VS K. Ganesan - Supreme Court (2017).
A review petition filed 89 days after the decree was also deemed barred by limitation MASSILAMONY THANKAYYAN VS VELAYUDHAN NADAR - Kerala (2067).

Condonation of Delay

If a review application is filed beyond the limitation period, the applicant may seek condonation of delay. The court will consider such applications with due regard to the circumstances surrounding the delay Ultimate V Carbon VS District Environmental Engineer - Supreme Court (2021).
However, the burden lies on the applicant to provide sufficient justification for the delay. In several instances, courts have dismissed review petitions due to inadequate explanations for the delay LIC of India VS Samar Bahadur Singh - Consumer (2018)Rajasthan Housing Board VS Shashi Sinwal - Consumer (1991).

Dismissal on Grounds of Limitation

Courts have consistently upheld the dismissal of review petitions on the grounds of being barred by limitation. For example, a review petition was dismissed as it was filed beyond the one-month limitation period without a petition for condonation of delay Kadimuk Islam Jamayath VS Assoo - Kerala (1996).
The principle that limitation cannot be extended by mere representations or notices has been reiterated in various cases, emphasizing the necessity of filing a formal application for condonation Assistant General Manager, Reserve Bank of India VS Karumu Subba Reddy - Consumer (2014).

Conclusion

In summary, review applications in the Indian judiciary system are strictly governed by limitation periods. If a review application is filed beyond the prescribed time frame, it is typically barred unless a valid application for condonation of delay is submitted with sufficient justification. Courts have shown a consistent approach in dismissing applications that do not meet these criteria.

Recommendations

Ensure that any review application is filed within the stipulated limitation period.
If a delay occurs, prepare a comprehensive application for condonation of delay, providing detailed reasons for the delay.
Be aware that courts are unlikely to condone delays without compelling justification, as demonstrated in the referenced cases.