The High Court dismissed a review petition filed beyond the statutory period. The court held that the petitioner could not demonstrate an error apparent on the face of the record since the raised issues were not previously considered, thereby negating the need for review.
The review petition and the application seeking condonation of delay were 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.
S.B. CIVIL REVIEW PETITION NO.3/2013 IN S.B. CIVIL SECOND APPEAL NO.590/2011
Union of India & Anr.
v.
State of Rajasthan
Date of Order :: 14.5.2014
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. Kuldeep Mathur, for the petitioner/s.
This review petition has been filed seeking review of the order dated 27.4.2012 passed by this Court in S.B. Civil Second Appeal No.590/2011, whereby this Court on coming to the conclusion that no substantial question of law was involved dismissed the second appeal.
The review which is barred by 209 days, has been preferred based on certain fresh submissions, which were not raised before the trial court, first appellate court and in the second appeal and it is prayed that the order dated 27.4.2012 be reviewed.
From a bare perusal of the review petition, it is apparent that the petitioner-appellant is seeking to raise issues, which were not raised and / or considered while delivering the judgment dated 27.4.2012 and therefore, it cannot be said that there is any error apparent on the face of record so far as the order dated 27.4.2012 is concerned.
In that view of the matter, no case for grant of any review on merits itself has been made out, therefore, the review petition as well as application seeking condonation of delay are dismissed.
(ARUN BHANSALI), J.
rm/36
2 issues framed by the court
Whether the review petition bar period of 209 days should be condoned and if a review on merits is made out.
Whether fresh submissions raised for the first time justify a review of the impugned order.
Union of India & Anr.
State of Rajasthan
ARUN BHANSALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
