Patna High CourtC. REV./123/2015dismissed

Ram Chnadra Prasad And ORS v. Lakhiya Devi And ORS

2016-05-16Mr. Justice Mungeshwar Sahoo1 pages

Patna High Court C. REV. No.123 of 2015 (4) dt.16-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.123 of 2015 In SA 551 of 1991 ====================================================== Ram Chnadra Prasad & Ors .... .... Petitioner/s

Versus

Lakhiya Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bajarangi Lal For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-05-2016 Heard learned counsel Mr. Bajrangi Lal for the petitioners on the Interlocutory Application No.5613 of 2015. This interlocutory application has been filed under Section 5 of the Limitation Act praying for condoning the delay in filing the review application.

From perusal of Annexure-I to the review application, it appears that the Petition for Special Leave to Appeal No.23549 of 2014 filed by the petitioners before the Supreme Court has been dismissed as withdrawn. Now, therefore, in view of Section 114 of the Code of Civil Procedure the review application itself is not maintainable. Therefore, there is no question of condoning the delay arises. Accordingly, the interlocutory application is rejected and the review application is dismissed as not maintainable. Harish/- (Mungeshwar Sahoo, J) U