High CourtsDivision Bench(2023) 11 PAT CK 0012

Dr. Baijnath Singh And Ors vs Union Of India

Patna High Court · Decided on 7 November 2023

HON’BLE JUDGES
P. B. Bajanthri, J · Ramesh Chand Malviya, J
RESULT
Dismissed
CASE NUMBER
Civil Review No. 370 Of 2018 In Letters Patent Appeal No. 1838 Of 2017

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Judgment

6 paragraphs · 306 words

Ref: I.A. No. 6634 of 2018

1.

Heard I.A. No. 6634 of 2018 in Civil Review No. 370 of 2018. Though, the application is not in order to the extent that number of days of delay in filing Civil Review No. 370 of 2018 is not forthcoming. One of the ingredients in filing I.A. for condonation of delay is that petitioner or party was required to apprise to the extent of number of days of delay in filing Civil Review petition, which is not forthcoming. In fact, the contesting respondent has raised objection insofar as entertaining I.A. No. 6634 of 2018 in not mentioning the number of days of delay.

2.

Having regard to the fact that the matter is pending for consideration from the year 2018, we are of the view that let the litigants shall not suffer due to mistake or error committed by their counsel. Hence, short delay of about 30 days in filing Civil Review No. 370 of 2018 stands condoned.

3.

Accordingly, I.A. No. 6634 of 2018 stands allowed.

4.

The present Civil Review is filed for recalling the order dated 25.06.2018 passed in L.P.A. No. 1838 of 2017. The petitioners, who are alleged to have purchased certain landed property, which were stated to be rival claim on behalf of Ara Sasaram Light Railway Company Limited, which is under liquidation. Whatever the relief sought by the review petitioners in C.W.J.C. No. 15163 of 2015, it was not maintainable. Since the petitioners had remedy of filing civil suit or raising any dispute insofar as disposal of disputed landed property after liquidation of Ara Sasaram Light Railway Company Limited. Thus petitioners have not pointed out any error committed by the L.P.A. Bench so as to review the order passed in L.P.A. No. 1838 of 2017.

5.

Accordingly, the Civil Review petition stands dismissed.