9911796707
|
Home
Issues:
Condonation of delay in filing the application for reviewing and recalling a court order. Analysis: The judgment by the Gujarat High Court involved the issue of condoning a significant delay of 675 days in filing an application for reviewing and recalling a court order. The applicants, represented by Counsel Shri B.B. Naik, sought to restore a writ petition that was dismissed by the court on 18-10-2004. Counsel Naik argued that had the court been properly apprised of the relevant judgment of the Hon'ble Supreme Court and the facts of the case during the initial hearing, the petition would not have been dismissed. He relied on specific decisions of the Hon'ble Supreme Court to support his argument for condoning the delay. The court considered the principle that substantial justice should prevail over technicalities, as emphasized by the Hon'ble Supreme Court. However, the court also referenced a Supreme Court decision stating that the law of limitation must be strictly adhered to unless there are statutory provisions allowing for an extension. The court examined the reasons provided by the applicants for the delay but concluded that the complexity of the matter or financial constraints could not justify condoning such a substantial delay of 675 days. Furthermore, the court noted that the applicants had initially engaged an inexperienced advocate, and despite considering the arguments presented, the petition was dismissed. The court rejected the argument that it had erred in dismissing the petition and emphasized that a review of an order can only occur if there is an apparent error on the face of the record. Consequently, the court summarily rejected the application for condonation of delay, leading to the rejection of the related motion. In conclusion, the Gujarat High Court, through its judgment, highlighted the importance of adhering to statutory limitations, the need for substantial justice, and the limitations on reviewing orders unless there is a clear error on record. The court's decision to reject the application for condonation of delay was based on the lack of sufficient cause presented by the applicants to justify the extensive delay in filing the review application.
|
