The court dismissed a Civil Misc Review Application filed by Rukhsar Ahmad without stating reasons as the condonation of delay application was rejected due to failure to explain the 1549-day lapse.
CIVIL MISC REVIEW APPLICATION No. 167 of 2022 stands dismissed following rejection of the delay condonation application.
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Court No. - 3
Case :- CIVIL MISC REVIEW APPLICATION No. - 167 of 2022
Applicant :- Rukhsar Ahmad Opposite Party :- Municipal Board Buduan And Another Counsel for Applicant :- Asar Mukhtar
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Jayant Banerji,J.
None appears on behalf of the applicant to press the review application, even in the revised call.
The aforesaid CIVIL MISC REVIEW APPLICATION No. - 167 of 2022 has been filed beyond limitation by 1549 days for review of the judgment dated 05.09.2017 passed by the Division Bench in Special Appeal No.51 of 2013.
The delay condonation application filed by the applicant is reproduced below:
"1. That the deponent is the sole appellant in the above noted case and as such he is fully acquainted with the factsand circumstances of the case deposed to below.
2. That the appellant special appeal filed in which agains order dated 7.12.2012 interim order was granted and pending before this Hon'ble curt for order s.
3 That the appellant was continueing in his service and doing his regular work and receiving the salary for the same.
4. That the appeal was listed on 5.09.2017 and was dismissed by this Hon'ble court.
5. That the same was not informed to the appellant on any point of time and because to know of the same from his staff members.
6. That when he searched on the net he came to know of the same.
7. That he at the very first instance is filing reviw and the delay in filing the same be condone to meet the ends of justice.
8. That the delay is not deliberate and not on point of the appellant but has crept in due to circumstances beyond his control and the same he condone to meet the ends of justice"
Perusal of the delay condonation application shows that the long delay of 1549 days, could not be explained by the applicant.
In view of the aforesaid, the delay condonation application is rejected. Consequently, the review application also stands dismissed.
Order Date :- 26.4.2022 NLY
Digitally signed by NAND LAL YADAV Date: 2022.04.26 18:01:05 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the review application filed beyond limitation warrants condonation of delay to meet ends of justice.
Rukhsar Ahmad
Municipal Board Buduan
Surya Prakash Kesarwani
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
