State of West Bengal Repd by the Collector v. Manju Alias Manjushree Hazra
Case brief
What is this about?
Keywords: review application; Order XLVII Code of Civil Procedure; error apparent on the face of the record; discovery of new material; condonation of delay; Section 5 Limitation Act; deposit of costs Rs.5,000/-; High Court Legal Services Committee; automatic dismissal of appeal as time-barred; appeal non est; land acquisition; FAT; State of West Bengal; recall application; three-year unexplained delay; stay application CAN 1 of 2025. Relevant for: limits of review under Order XLVII CPC where an appeal stood automatically dismissed for breach of a costs condition attached to condonation of delay, and the absence of any explanation for prolonged State inaction in depositing costs.
What did the court decide?
The arguments advanced in the review applications pertain to the merits of the order under review and do not come within the contemplation of error apparent on the face of the record or discovery of new material as envisaged in Order XLVII of the Code of Civil Procedure; therefore there is no scope of entertaining the review applications.