Smt Murti Devi (Deceased) And 5 ... vs State Of U.P. And Another
2023 Latest Caselaw 4385 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- CIVIL MISC REVIEW APPLICATION No. - 323 of 2022
 

 
Applicant :- Smt Murti Devi (Deceased) And 5 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rajeev Kumar
 
Counsel for Opposite Party :- C.S.C.,Arun Kumar
 

 
Hon'ble Surya Prakash Kesarwani,J.

Heard Sri Rajeev Kumar, learned counsel for the applicant.

This review application has been filed beyond limitation by 1280 days alongwith Delay Condonation Application and affidavit.

In the affidavit accompanying the Delay Condonation Application, the only explanation offered by the applicant may be found in paragraphs 3 & 4, which are reproduced below :

"3. That although the adequate compensation has not been awarded by this Hon'ble Court to the appellants but due the absence of proper legal advice the appellants could neither filed a review application before this Hon'ble Court nor filed any Special Leave Petition before the Hon'ble Apex Court against the judgment and decree dated 28.11.2018.

4. That it is humbly submitted before this Hon'ble Court the litigant may not be denied justice for the absence of proper legal advice therefore the delay, if any, in filing the present review/recall application is liable to be condoned by this Hon'ble Court."

Thus, the applicant has completely failed to offer any acceptable explanation for long delay of 1280 days in filing the Review Application.

In view of the aforesaid, the Delay Condonation Application is rejected. Consequently, the Review Application also stands dismissed.

Order Date :- 10.2.2023/vkg