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[Cites 2, Cited by 2]

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Gyanchand Jain on 31 July, 2014

RP No. 278/2014 State of MP Vs. Gyanchand Jain 31/07/2014 Shri Praveen Niwaskar, Government Advocate for petitioners- State.

This Review Petition has been filed by the petitioners- State for reviewing the order dated 03/10/2012 passed by this Court in Writ Appeal No.615/2012.

As per Office endorsement in the order dated 03/10/2012, an application in regard to receiving certified copy of the order, was filed on 12/02/2014 and it was delivered on 13/02/2014 within a day. Thereafter, Review Petition was filed on 26/07/2014, near about two years after the date of order. However, there is no application for condonation of delay in filing the Review Petition. Further, Office has not pointed out the period of limitation. In accordance with Article 124 of the Limitation Act, period prescribed for filing of Review Petition is thirty days. Surprisingly, the case was also not listed in default. This is clear negligence on the part of the Office. Registry of this Court is directed to conduct a preliminary enquiry and send a report to the Main Registry at Jabalpur, for holding a regular enquiry against the concerned person or persons, who are responsible for this type of negligence.

After perusal of the order, in our opinion, there is no error apparent on the face of record. The review petition is hereby dismissed.

                (S.K.Gangele)                                        (S.K.Palo)
                   Judge                                              Judge
MKB