Ram Nayan Verma vs Commisioner Faizabad Region ...
2023 Latest Caselaw 12771 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 82 of 2023
 

 
Applicant :- Ram Nayan Verma
 
Opposite Party :- Commisioner Faizabad Region Faizabad And 2 Others
 
Counsel for Applicant :- Jalaj Kumar Gupta,Suneel Kumar Singh Kalhans
 

 
Hon'ble Vivek Chaudhary,J.

C.M. Application No. 1 of 2023 - Delay Condonation

Heard learned counsel for the parties.

Reasons and facts stated in the affidavit filed along with the application for condonation of delay are sufficient.

Application is allowed.

Delay in filing the Review Application is condoned.

Order on Review Application

Heard learned counsel for the review-applicant and learned counsel for the respondents.

This review application is filed to review the judgment and order dated 06.02.2012 passed in Writ Petition No.5064 (M/S) of 2008 (Ram Nayan Verma Vs. Commissioner Faizabad Region Faizabad). The said judgment dated 06.02.2012 was passed after hearing the petitioner. Initially the petitioner filed a recall application against the same in the year 2015 which he claims to have been dismissed for want of prosecution. In the year 2022, he filed another Civil Misc. Application No. 13 of 2022 (For Recall). The said second recall application is also rejected by order dated 23.3.2023 as being not maintainable as the order was passed after hearing the parties. Now, learned counsel for the applicant states that the delay has caused due to pendency of earlier recall applications which were held as not maintainable.

On the review application also, learned counsel for review-applicant submits that the petition is rejected as ground of malafide was raised but the person against whom malafide was alleged was not made a party.

Learned counsel for the review applicant could not show any error apparent on the face of record that such a person was made a party to the dispute.

Since there is no error apparent on record, this Court is not inclined to exercise its discretion to entertain the review application.

The review application is rejected.

(Vivek Chaudhary,J.)

Order Date :- 25.4.2023

Arjun/-