Allahabad High Court
Ram Charan Yadav vs Smt. Savitri Devi And Others on 21 April, 2023
Author: Jayant Banerji
Bench: Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- SECOND APPEAL No. - 324 of 1996 Appellant :- Ram Charan Yadav Respondent :- Smt. Savitri Devi And Others Counsel for Appellant :- Dharam Pal Singh,Avinash,P.K. Dubey,S. Niranjan,Shyamal Narain Counsel for Respondent :- Kushal Kant,Ashish Kumar Nagvanshi,Sanjay Agrawal,Virendra Singh Hon'ble Jayant Banerji,J.
Civil Misc. Delay Condonation Application No. 8 of 2019 with Civil Misc. Review Application No. 9 of 2019 The aforesaid applications are listed for orders in the Additional/Unlisted List-I. As per notice and standard practice of this Court, the applications listed for orders are taken up at 3:30 PM.
No one appears to press the applications, though, Shri Sanjay Agrawal, learned counsel for the respondent is present.
The aforesaid applications have been filed beyond time by 333 days. The reason for the delay is that the appellant had no knowledge regarding disposal of the second appeal and when the deponent, who claims to be the family friend of the appellant, came to Allahabad on 10.11.2019 for pursuing the aforesaid appeal then they came to know that the appeal was dismissed on 12.12.2018. It is stated that thereafter the deponent contacted Mr. Navin Kumar Srivastava, Advocate for filing the review application and whereafter the review application was filed.
The judgment in the second appeal was passed on 12.12.2018 after hearing Shri Shyamal Narain, learned counsel for the appellant, under the provisions of Order 41 Rule 11 C.P.C. and the appeal was dismissed.
Shri Navin Kumar Srivastava, Advocate, though has obtained on the vakalatnama no objection from the previous counsel Shri Shyamal Narain, the review application ought to have been filed by the counsel who had argued the second appeal.
Be that as it may, the reason for delay in filing the review application is wholly insufficient and frivolous. Accordingly, the delay condonation application is rejected.
Since, the delay condonation application is rejected, the review application stands dismissed.
Order Date :- 21.4.2023 A. V. Singh (Jayant Banerji, J.)