Calcutta High Court (Appellete Side)
Bithika Mazumdar & Anr vs Sagar Pal & Ors on 18 March, 2015
Author: Harish Tandon
Bench: Harish Tandon
1
10 18.03.15 C.O. 824 of 2015
akd
Bithika Mazumdar & Anr.
Vs.
Sagar Pal & Ors.
--------
Mr. Laltu Mohan Ghosh, Mr. Anup Kumar Bag.
... for the petitioner.
The order dated 10th April, 2013 rejecting an application for review by the Motor Accident Tribunal is sought to be challenged in this revisional application affirmed on 3rd March, 2015.
Though there is no period of limitation enshrined under the Limitation Act for filing an application under Article 227 of the Constitution of India, but since the said application is treated within the revisional jurisdiction, the explanations should be offered in the revisional application as to why the same could not be taken out within the statutory period provided for an application under Section 115 of the Code of Civil Procedure.
Apart from the statements made in paragraph 20 of the revisional application that the petitioner could not contact the learned advocate, there is no other statements, which may be treated as sufficient ground for delay in taking out the revisional application.
This Court, therefore, finds that there is gross delay, laches and negligence on the part of the petitioner in moving the Court under Article 227 of 2 the Constitution of India.
The revisional application is thus dismissed. There will be no order as to costs.
(HARISH TANDON, J.)