Dismissed

Suresh Chandra Srivastava,Manager, Executive Committee of the Society'the Thauri Educational Trust' v. Commissioner, Faizabad Mandal, Faizabad and 2 Others

Allahabad HC7 Jul 2023/172/2022

Case brief

AI extract

What is this about?

The High Court rejected a review application filed against an order condoning delay. The court held that the applicant's contentions regarding non-consideration of documents and legal precedents were already addressed in the original judgment and did not fall within the scope of Order 47 CPC.

What did the court decide?

Review application rejected.

Suresh Chandra Srivastava,Manager… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:43645

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Court No. - 11

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Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 172 of 2022

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Applicant :- Suresh Chandra Srivastava,Manager, Executive Committee Of The Society'The Thauri Educational Trust' Opposite Party :- Commissioner, Faizabad Mandal, Faizabad And 2 Others

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Counsel for Applicant :- Arjun Kumar Kaushal

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Hon'ble Pankaj Bhatia,J.

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Order on I.A. No.1 of 2022:

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1. The application seeks condonation of delay in filing the review application.

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2. Cause shown is sufficient.

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3. Delay in filing the review application is condoned.

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4. The application for condonation of delay in accordingly allowed.

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Order on review application:

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1. Heard learned counsel for the review applicant.

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2. The review application has been filed seeking review of the judgment passed by this Court on 17.10.2022.

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3. Contention of learned counsel for the applicant is that the documents which were relevant were not considered while passing the order dated 17.10.2022. It is also argued that the law as laid down by this Court in the case of Committee of Management, Hari Shyam Khadi Gram Udyog Sewa Sabha, Allahahad and Others v. State of U.P. & Ors.; (2006) 3 UPLBEC 2774 and Hindu Uchhatar Madhyamik Vidyalaya Society (Registered), Aligarh v. Commissioner, Agra Division, Agra and Others; (2009) 70 ALR 104 were not considered while delivering the judgment.

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4. It is also a ground that the Court erred in not taking into account that the office bearers of the committee of manage were unaware about the renewal clause.

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5. All the issues as raised and argued were decided by this Court while passing the judgment dated 17.10.2022. The grounds raised in the review application clearly do not fall within the

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scope of Order 47 of CPC. As such, the review application is rejected.

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Order Date :- 7.7.2023 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Suresh Chandra Srivastava,Manager, Executive Committee of the Society'the Thauri Educational Trust' v. Commissioner, Faizabad Mandal, Faizabad and 2 Others

Case brief

What is this about?

What did the court decide?

Suresh Chandra Srivastava,Manager, Executive Committee of the Society'the Thauri Educational Trust' v. Commissioner, Faizabad Mandal, Faizabad and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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