Madras High Court
The Deputy Director vs Karuppaiah on 25 April, 2022
CMP.(MD).No.6734 of 2021
in Rev.Aplc.(MD).SR.No.38763 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.04.2022
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
Rev.Aplc.(MD).SR.No.38763 of 2021
and
CMP(MD).No.6734 of 2021
1.The Deputy Director
Cattle Breeding & Fodder Development
Government Livestock Farm
Karaikudi
2.The Director/Commissioner
Cattle Breeding & Fodder Development
Animal Husbandry Department
Chennai ... Review Applicants/
Petitioners/Appellants
Vs.
1.Karuppaiah
2.Vellaiamman ..Respondents/Respondents.
PRAYER in Rev.Appl.(MD)SR.38763/2021: Review Application filed under
Order 47 Rule 1 and 2 read with Section 114 of CPC., to review the order
passed in CMP.(MD).No.6890 of 2019 in CMA.(MD).Sr.No.36175 of 2018
dated 02.08.2019.
Prayer in CMP.(MD).No.6734 of 2021:- Petition filed under Section 5 of
Limitation Act praying to condone the delay of 205 days in filing the above
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CMP.(MD).No.6734 of 2021
in Rev.Aplc.(MD).SR.No.38763 of 2021
Review Application as against the order dated 02.08.2019 passed in CMP.
(MD).No.6890 of 2019 in CMA.(MD).Sr.No.36175 of 2018 which has been
filed challenging the order of W.C.No.61 of 2009 dated 24.05.2013 on the file
of Deputy Commissioner of Labour, Trichy.
For Review Petitioner : Mr.J.Gunaseelan Muthiah
Addl. Govt.Pleader.
ORDER
The above Review Application SR has been filed to review the order
passed in CMP.(MD).No.6890 of 2019 in CMA.(MD).Sr.No.36175 of 2018
dated 02.08.2019.
C.M.P.(MD).No.6734 of 2021 has been filed praying to condone the
delay of 205 days in filing the above Review Application.
2. C.M.P.(MD).No.6890 of 2019 in CMA(MD).SR.36175 of 2018 has
been filed by the the Review Applicants herein to condone the delay of 1708
days in filing the above CMA.MD.SR.No.36175 of 2018 and this Court, by
order dated 02.08.2019, pointed out that the delay is not minimal and the
reasons stated in the delay application are not acceptable and are not
satisfactory and dismissed the same by citing judgment of the Honourable
Supreme Court in the case of State of Bihar Vs. Deo Kumar Singh
https://www.mhc.tn.gov.in/judis
CMP.(MD).No.6734 of 2021
in Rev.Aplc.(MD).SR.No.38763 of 2021
(SLP(Civil) No.13348/2019) and consequently, rejected the CMA.SR.36175 of
2018.
3. Now, the present CMP(MD).No.6734 of 2021 has been filed to review
the above order dated 02.08.2019. The application in CMP.(MD).No.6890 of
2019 seeking to condone the delay, has been dismissed by duly considering the
reasons stated in the affidavit and therefore, there is no reason to review the
order and even now there is a delay of 205 days in filing the review
application.
4. I have heard the learned Additional Government Pleader appearing for
the petitioners and perused the records.
5. It is settled proposition of law that if courts start condoning delay
where no sufficient cause is made out by imposing conditions then that would
amount to violation of statutory principles and showing utter disregard to
legislature. The object for fixing time-limit for litigation is based on public
policy fixing a lifespan for legal remedy for the purpose of general welfare.
The object of time limit is meant to see that the parties do not resort to dilatory
tactics but avail their legal remedies promptly. In such view of the matter, this
https://www.mhc.tn.gov.in/judis
CMP.(MD).No.6734 of 2021
in Rev.Aplc.(MD).SR.No.38763 of 2021
CMP filed to condone the delay of 205 days in filing the Review lacks merit.
As far as Review of the order passed by this court is concerned, as observed by
the Honourable Supreme Court in the case of Lily Thomas v. Union of India,
(2000) 6 SC 224, the power of review can be exercised for correction of a
mistake but not to substitute a view. The petitioners herein are trying to
reagitate the matter, which is not within the scope of the review. It is beyond
any doubt or dispute that the review court does not sit in appeal over its own
order. Review is not appeal in disguise. The learned counsel for the Review
Petitioners could not point out any error apparent on the face of the record.
6. In such view of the matter, this Court finds that no grounds of review
is made out. Accordingly, the CMP(MD).6734 of 2021 is dismissed.
Consequently, Review Application (MD).SR.38763 of 2021 is rejected. No
costs.
25.04.2022
Index:Yes/No
Speaking/Non-speaking order
nvsri
J.NISHA BANU,J.
nvsri
https://www.mhc.tn.gov.in/judis
CMP.(MD).No.6734 of 2021
in Rev.Aplc.(MD).SR.No.38763 of 2021
Rev.Aplc.(MD).SR.No.38763 of 2021
and
CMP(MD).No.6734 of 2021
25.04.2022
https://www.mhc.tn.gov.in/judis
