Dismissed

Pal Singh (Deceased) through His Legal Representative v. Manju and Others

Punjab & Haryana HC3 Dec 2019RA-RS/135/2019

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana dismissed a review application filed on pure factual grounds after a regular second appeal was dismissed on merits in a detailed judgment. The court rejected delayed condonation and lack of cogent grounds under Order 47 Rule 1 CPC.

What did the court decide?

Review application dismissed with costs of Rs. 30,000/- to be paid to the Poor Patients Fund.

Pal Singh (Deceased) through His… — Civil Procedure and Limitation | Punjab & Haryana HC (2019)

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I N THE HI GH COURT OF PUNJAB AND HARYANA AT CHANDI GARH

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C. M. No. 15498- C- 2019 and Revi ew Appl i cat i on No. 135 of 2019 i n RSA- 6697- 2016 ( O&M) DATE OF DECI SI ON: 03. 12. 2019

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Pal Si ngh ( Deceased) t hr ough hi s Legal Repr esent at i ve …. . Appl i cant / Appel l ant

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ver sus

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Manj u and ot her s

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. . . . . Respondent s

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CORAM: - HON' BLE MRS. JUSTI CE ALKA SARI N

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Pr esent : Mr . Pr at eek Rat hee, Advocat e f or t he appl i cant / appel l ant

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ALKA SARI N, J. :

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The pr esent r evi ew appl i cat i on has been f i l ed f or r evi ew of t he j udgment dat ed 14. 07. 2017. The r evi ew appl i cat i on i s accompani ed wi t h an appl i cat i on f or condonat i on of del ay of 829 days. I n t he sai d appl i cat i on, no expl anat i on, what soever , has been gi ven except f or t hat t he appel l ant was t r yi ng f or an out - of - Cour t set t l ement

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That apar t , t he appl i cat i on f or r evi ew i t sel f i s whol l y devoi d of any mer i t . The r egul ar second appeal was di smi ssed by a det ai l ed and speaki ng j udgment by t hi s cour t on 14. 07. 2017. The appel l ant was dul y r epr esent ed by her counsel , who addr essed l engt hy ar gument s whi ch wer e dul y consi der ed by t hi s cour t . The appel l ant chose not t o chal l enge t he sai d j udgment bef or e t he Apex Cour t and kept qui et al l t hi s whi l e. Now, on 19. 11. 2019, t he pr esent appl i cat i on f or r evi ew has been f i l ed on pur el y f act ual gr ounds.

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PARKASH CHAND 2019.12.04 16:49 I attest to the accuracy and integrity of this document

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Revi ew Appl i cat i on No. 135 of 2019 ( O&M)

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Lear ned counsel f or t he r evi ew- appl i cant has f ai l ed t o make out any case whi ch may war r ant a r evi ew of t he j udgment passed by t hi s Cour t . Under Or der 47, Rul e 1 CPC, r evi ew of a j udgment i s mai nt ai nabl e on ver y l i mi t ed gr ounds. Lear ned counsel f or t he appl i cant has f ai l ed t o make out any cogent gr ound what soever f or r evi ewi ng t he j udgment dat ed 14. 07. 2017. The counsel f or t he appl i cant i s seeki ng t o r e- ar gue t he r egul ar second appeal on mer i t s whi ch cannot be per mi t t ed i n an appl i cat i on f or r evi ew. Mor eover , t he pr esent appl i cat i on has been f i l ed and i s bei ng ar gued by a counsel who has been engaged subsequent l y and was not r epr esent i ng t he appl i cant when t he r egul ar second appeal was hear d and di smi ssed.

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I do not f i nd any mer i t i n t he pr esent r evi ew appl i cat i on. The same st ands di smi ssed wi t h cost s of Rs. 30, 000/ - , t o be pai d t o t he Poor Pat i ent s Fund, PGI MER, Chandi gar h. I n case t he sai d amount i s not deposi t ed, t he same may be got r ecover ed by t he concer ned r evenue of f i ci al ( s) as ar r ear s of l and r evenue.

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( ALKA SARI N) JUDGE

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03. 12. 2019

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par kash

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NOTE: Whet her speaki ng/ non- speaki ng: Speaki ng Whet her r epor t abl e: YES/ NO

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PARKASH CHAND 2019.12.04 16:49 I attest to the accuracy and integrity of this document

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Revi ew Appl i cat i on No. 135 of 2019 ( O&M)

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PARKASH CHAND 2019.12.04 16:49 I attest to the accuracy and integrity of this document

Pal Singh (Deceased) through His Legal Representative v. Manju and Others

Case brief

What is this about?

What did the court decide?

Pal Singh (Deceased) through His Legal Representative v. Manju and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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