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ASHWANI KUMAR v. STATE OF H.P. THROUGH CHIEF SECRETARY

Supreme Court of India | Diary 10001/2017

Status

ROP - of Main Case

Decided On

22-08-2017

Bench

HON'BLE MR. JUSTICE S.A. BOBDE and HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

Petitioner

ASHWANI KUMAR

Respondent

STATE OF H.P. THROUGH CHIEF SECRETARY

Primary Holding

A review petition is liable to dismissal where there is inordinate and unexplained delay in filing, and further, review jurisdiction lies only where an apparent error on the face of the record is demonstrated in the impugned judgment.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION REVIEW PETITION (C) NO.1471 OF 2017 IN CIVIL APPEAL NO.6015 OF 2009 ASHWANI KUMAR & ORS. PETITIONER(S) VERSUS STATE OF H.P. & ORS. RESPONDENT(S) O R D E R There is an inordinate delay of 460 days in filing the Review Petition. We are not satisfied by the explanation offered for the same. The Review Petition is, therefore, liable to be dismissed on the ground of delay itself. We have perused the Review Petition and the connected papers. Even on merits, we do not find any error in the Judgment impugned, much less an apparent error on the face of the record, so as to call for its review. Hence, the Review Petition is dismissed on the ground of delay as also on merits. ....................J [S. A. BOBDE] ....................J [ ADARSH KUMAR GOEL ] New Delhi; August 22, 2017.

ITEM NO.1001 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(C) No.1471/2017 in C.A. No.6015/2009 (Arising out of impugned final judgment and order date 26.11.2015 passed by this Hon'ble Court in Civil Appeal No.6015 of 2009) ASHWANI KUMAR & ORS. Petitioner(s) VERSUS STATE OF H.P. & ORS. Respondent(s) (FOR ADMISSION and IA No.58463/2017-CONDONATION OF DELAY IN FILING REVIEW PETITION) Date : 22-08-2017 This petition was circulated today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL By Circulation UPON perusing papers the Court made the following O R D E R The Review Petition is dismissed on the ground of delay as also on merits in terms of the signed order. (SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) BRANCH OFFICER (Signed Order is placed on the file)

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