Case Note & Summary
The State of Gujarat and another petitioner filed a review petition before the Supreme Court against an order in Special Leave Petition (Civil) No. 33633 of 2017. The review petition was accompanied by an application for condonation of delay of 794 days. The Court examined the explanation offered for the delay and found it unsatisfactory. Consequently, the Court refused to condone the delay and dismissed the review petition as barred by limitation. The order was passed by a bench comprising Chief Justice Uday Umesh Lalit and Justice Sanjiv Khanna on 1st November 2022.
Headnote
A) Limitation - Condonation of Delay - Review Petition - Delay of 794 days - Unsatisfactory explanation - The Supreme Court refused to condone the inordinate delay of 794 days in filing the review petition, as the explanation offered was not satisfactory. Held that the petition is dismissed on the ground of limitation (Para 1).
Issue of Consideration
Whether the delay of 794 days in filing the review petition should be condoned.
Final Decision
The Supreme Court refused to condone the delay and dismissed the review petition on the ground of limitation.
Law Points
- Condonation of delay
- Limitation
- Review petition
- Satisfactory explanation
Case Details
2022 LawText (SC) (11) 21
Review Petition (Civil.) D.No.9241 of 2021 in Special Leave Petition (Civil) No. 33633 of 2017
Uday Umesh Lalit, Sanjiv Khanna
State of Gujarat and Anr.
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Nature of Litigation
Review petition against an order in Special Leave Petition
Remedy Sought
Condonation of delay of 794 days and review of the order
Filing Reason
Delay of 794 days in filing the review petition
Previous Decisions
Special Leave Petition (Civil) No. 33633 of 2017 was decided earlier
Issues
Whether the delay of 794 days in filing the review petition should be condoned.
Submissions/Arguments
The explanation offered for the delay was not satisfactory.
Ratio Decidendi
A delay of 794 days in filing a review petition cannot be condoned if the explanation offered is unsatisfactory.
Judgment Excerpts
The explanation offered in the application for condonation of delay is not satisfactory at all. We refuse to condone the delay.
Procedural History
The State of Gujarat and another filed a review petition against an order in Special Leave Petition (Civil) No. 33633 of 2017. The review petition was accompanied by an application for condonation of delay of 794 days. The Supreme Court dismissed the review petition on limitation grounds.
Acts & Sections
- Limitation Act, 1963: Section 5
