The Court examined a Civil Miscellaneous Petition seeking condonation of a 49-day delay in filing a review application under the Limitation Act. Finding no grounds to review the judgment in the underlying Writ Appeal, the application was dismissed.
Condonation of delay and review application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.P.[MD]No.2100 of 2020
M.Selvam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2021 CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI C.M.P.[MD]No.2100 of 2020 in Rev.Aplc.[MD]No.SR10569 of 2020
... Petitioner / Petitioner
Vs.
1.The Director General,
Central Industrial Security Force, CGO Complex,
Lodhi Road, New Delhi.
2.The Inspector General, Central Industrial Security Force, South Sector, CHPT Campus, Chennai -9.
3.Deputy Inspector General,
Central Industrial Security Force, South Zone, Head Quatres, Rajaji Bhavan, Besant Nagar, Chennai -90.
4.The Commandant, Central Industrial Security Force, Cochin Port Trust, Willingdon Island, Cochin. ... Respondents / Respondents
P RAYER in C.M.P.[MD]No.2100 of 2020: Petition filed under Section 5 of Limitation Act, praying to condone the delay of 49 days in filing Review Petition.
PRAYER in Rev.Aplc[MD]No. SR10569 of 2020: Review Application filed under Order 47, Rule 1 and 2 read with Section 114 of the Code of Civil Procedure, to review the order passed in W.A.(MD)No.933 of 2019, dated 15.11.2019.
Prayer in WA(MD). 933/ 2019 :
Writ /appeal filed under Clause 15 of letters Patent Act, Praying this Court to set aside the order, dated 12.04.2019 passed in W.P(MD).No. 8883 of 201, in the file of this Cort.
Prayer in WP(MD). 8883/ 2011 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a Writ of https://hcservices.ecourts.gov.in/hcservices/ Certiorarified mandamus, call for the records relating to the order
1/3
C.M.P.[MD]No.2100 of 2020
passed by the 2nd respondent in his order No. V-15014/L & R/SS/Rev/MS/2010-8317 dated January 2011 confirming the order passed by the 3rd respondent communicate by the 4th respondent dated 14.06.2010 in his communcation No.V-15014/MAJ-02(MS)/ Adm.IV/2009/2396 dated 14.06.2010 modifying the order passed by the 4th respondent in his final order No.V-15014/MAJ-02(MS)/ Adm.IV/2009/713, dated 28.09.2009 and quash the same and to direct the respondents to take the petitioner into the strength of CISF as Constable with all monetary benefits.
For Petitioner : Mr.A.S.Mujibur Rahman
[Order of the Court was made by T.S.SIVAGNANAM, J. ]
Heard Mr.A.S.Mujibur Rahman, learned counsel for the petitioner.
2.Though there is a delay of 49 days in filing the Review Application, we have considered the submissions on merits. We find that there is absolutely no ground to review the judgment in the Writ Appeal. Hence, this Civil Miscellaneous Petition is dismissed. Consequently, the connected Rev.Aplc.[MD]No.SR10569 of 2020 stands rejected at the S.R. stage itself. No costs.
Sd/-
Assistant Registrar (CSII)
Ls/akv
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
TO
1.The Director General, Central Industrial Security Force, CGO Complex, Lodhi Road, New Delhi.
2/3
C.M.P.[MD]No.2100 of 2020
2.The Inspector General, Central Industrial Security Force, South Sector, CHPT Campus, Chennai -9. 3.Deputy Inspector General, Central Industrial Security Force, South Zone, Head Quatres, Rajaji Bhavan, Besant Nagar, Chennai -90. 4.The Commandant, Central Industrial Security Force, Cochin Port Trust, Willingdon Island, Cochin. +1CC to Mr.A.S.Mujibur Rahman, Advocate, SR.No.22222 dated 13.07.2021 C.M.P.[MD]No.2100 of 2020 in Rev.Aplc.[MD]No.SR10569 of 2020 09.07.2021 SRK(CO) KB(20.07.2021) 3P 6C
3/3
2 issues framed by the court
Whether condonation of 49 days delay for filing a review application can be permitted and if the underlying order warrants review.
Whether a review application filed under Order 47 read with Section 114 of CPC is maintainable when there are no grounds to review the original judgment.
2 provisions across 2 enactments
M.Selvam
The Director General, Central Industrial Security Force
T.S.Sivagnanam
R.Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
