Allahabad High Court
Chandra Kumar Tripathi And Others ... vs State Of U.P. Thru Secy. Labour ... on 23 July, 2021
Bench: Munishwar Nath Bhandari, Acting Chief Justice, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Chief Justice's Court
Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 114 of 2021
Applicant :- Chandra Kumar Tripathi And Others (339 Spla 2004)
Opposite Party :- State Of U.P. Thru Secy. Labour Lucknow And Ors.
Counsel for Applicant :- Abhishek Dwivedi,Amrendra Nath Tripathi,Renu Misra
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
Hon'ble Manish Kumar,J.
Order on Civil Misc. Delay Condonation Application No. 82963 of 2021
Heard the application under Section 5 of the Limitation Act for maintaining this review application. The delay in filing of the review application is 2537 days. An application for condonation of the delay is supported by an affidavit.
Learned counsel for the review applicants submits that the judgment of the Division Bench dated 10th July, 2014 did not come in the notice of the Sangh, thus review petitioners could not know about the judgment dated 10th July, 2014. Immediately when they come to know about the judgment of the Division Bench sought to be reviewed, an SLP was preferred before the Apex Court in the year 2021. It was withdrawn with liberty to file a review application before this Court and accordingly this review petition was preferred. Thereupon, the prayer is to allow the application for condonation of delay for consideration of the review petition on merits.
We have considered the submissions made by the counsel for the review applicants and perused the affidavit filed in support of the application under Section 5 of the Limitation Act. The main ground taken by the review applicants to seek condonation is about lack of knowledge of the judgment dated 10th July, 2014. It is said to be not in the knowledge of the review petitioners, Sangh or the State Government whereas learned counsel for the review petitioners itself made a reference of the order dated 23rd November, 2016 and the subsequent order dated 22nd March, 2017. Both the orders were in the knowledge of the review petitioners. Those orders were made in reference of the pending appeal against the judgment of the learned Single Judge and the order dated 22nd March, 2017 is specific in regard to the judgment dated 10th July, 2014 sought to be reviewed.
In view of the above, the judgment dated 10th July, 2014 was come in the notice of the review petitioners in the year 2016 itself or latest by 22nd March, 2017. It is thus not acceptable that judgment sought to be reviewed was not in the knowledge of the State Government thus, the only ground urged is not made rather goes contrary to the record. The delay in this case is not of few months but more than seven years. The delay of seven years cannot be condoned unless a plausible excuse is given. It is not that review petitioners was not knowing about the judgment rather they could know about it pursuant to the order dated 22nd March, 2017 and prior to 23rd November, 2016. Accordingly, we find no ground to condone the delay of more than seven years. The application for it is accordingly dismissed.
In view of the dismissal of the review application for condonation of delay, appeal is also dismissed.
Order Date :- 23.7.2021
VMA
(Manish Kumar, J.) (Munishwar Nath Bhandari, A.C.J.)
