THE HON'BLE SRI JUSTICE T.AMARNATH GOUD
CIVIL REVISION PETITION No.597 of 2021
ORDER:
1 Challenge in this Civil Revision Petition is to the order dated 12.3.2021 made in I.A.No.476 of 2019 in O.S.No.140 of 2007 on the file of the Court of the Principal District Judge, Medak wherein and whereby the learned District Judge dismissed the petition filed under Section 5 of the Limitation Act to condone delay of 2724 days in filing review petition to review the judgment and decree dated 15.7.2011 passed in O.S.No.140 of 2007.
2 Petitioners are judgment debtors in the said suit. Their case is that the suit was filed on flimsy grounds and perpetuating fraud, the plaintiff in the suit obtained the decree on 15.7.2011. The trial Court adjudicated the matter without giving proper finding on all issues. However, due to family, health and personal issues and also being layman having no knowledge of law and having depended upon their counsel, they could not pursue the matter. Hence they filed the I.A.No.476 of 2019 with a delay of 2,724 days to review the judgment in the suit.
3 The decree holder contested the matter stating that the petitioners have already availed the remedy of appeal and as such during the pendency of the appeal a review itself is not maintainable.
24 As seen from the record, the suit O.S.No.140 of 2007 was decreed on 15.7.2011 by granting preliminary decree for Rs.10.00 lakhs with interest @ 25% p.a. from 04.01.1997 till the date of judgment and at 12% p.a, thereafter. Aggrieved by the judgment and decree, the petitioners filed an appeal before the High Court and the High Court granted a conditional stay on 19.01.2012. Thereafter an SLP was preferred to the Hon'ble Supreme Court, but the same was dismissed. However, time was extended for deposit of the amount, as was directed by the High Court while granting interim stay. It is also to be seen from the record that when the plaintiff filed an application under Order 34 Rule 3 (2) CPC to pass a final decree the petitioners filed an application before the High Court for expeditious disposal of the appeal. The trial Court passed a final decree on 21.10.2016. Subsequently the decree holder / plaintiff filed an E.P. in the year 2018 seeking delivery of the subject property.
5 Taking into consideration the totality of circumstances, this Court is of the view that the plea of the petitioners that they are not well versed with the legal proceedings is inappropriate. Moreover the petitioners have not filed even a single scrap of paper to establish their health problem. As seen from the record, the petitioners are fighting before the courts for the last 2 to 3 decades. Hence they cannot plead mercy for not being vigilant for all these days. The delay pleaded to be condoned is 2,724 days which is inordinate more so unexplained. 3 6 However, as far as the maintainability of the review petition is concerned, under Order 47 Rule 1 CPC a judgment may be opened to review, inter alia, if there is a mistake or an error apparent on the face of the record. An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of the record justifying the court to exercise its power of review under Order 47 Rule 1 CPC. In exercise of the jurisdiction under Order 47 Rule 1 CPC it is not permissible for an erroneous decision to be 'reheard and corrected'. The petitioner can always agitate his grievance in an appeal. 7 Having regard to the facts and circumstances of the case, this Court is of the opinion that the trial Court has rightly exercised its discretionary power in reading to its findings. In filing the delay condonation petition the petitioner expressed ignorance of law which is no excuse to condone the delay. No evidence is filed to show that the petitioner is under medical care for 2724 days. Petitioner has not shown sufficient cause to condone the delay. I see no ground much less valid and convincing reason to condone such an inordinate and unexplained delay. The Civil Revision Petition is devoid of any merit.
8 In the result, the Civil Revision Petition is dismissed sustaining the order dated 12.3.2021 made in I.A.No.476 of 2019 in O.S.No.140 of 2007 on the file of the Court of the 4 Principal District Judge, Medak. No order as to costs. Miscellaneous petitions if any pending in this Civil Revision Petition shall also stand dismissed.
__________________________ T. AMARNATH GOUD, J.
Date: 29 -04-2021 Kvsn