Rakesh Kumar v. Narinder Kumar And ANR

CM-1987-CII-2021 in/and RA-CR-17 of 2021 in CR No.1625-2020(O&M) Rakesh Kumar vs.

Narinder Kumar and another

Present:

Mr. Vishal Singh Chauhan, Advocate/Legal Aid Counsel (HCLSC) for applicant-petitioner ..

Heard through video conferencing.

This is an application under Order 47, Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 for review of the order dated 17.03.2020 passed by this Court in Civil Revision No.1625 of 2020. The said petition has been filed with an application under Section 5 of the Limitation Act, 1908 for condonation of delay of 309 days in filing the review application.

Learned counsel for the petitioner has not addressed any argument qua the inordinate delay of 309 days in filing the review application. The only submission made by the learned counsel is that the Executing Court should stay the execution proceedings in view of the fact that RSA Nos.2211 and 4239 of 2011 are pending before this Court. However, these two RSAs were pending when the order dated 17.03.2020 was passed. A perusal of the order dated 17.03.2020 also reveals that no arguments was raised regarding the pendency of the two RSAs and the relevancy thereof to the matter in issue in the civil revision petition. The learned counsel has not been able to bring the review application within the parameters laid down in Order 47 CPC. In view of the fact that not a single argument has been raised as to on what ground the review has been sought of the order dated 17.03.2020 and further that no reasonable explanation is forthcoming for the delay of 309 days in filing the review application, the application for condonation of delay and the review application both are dismissed.

(ALKA SARIN) JUDGE 01.03.2021 parkash PARKASH CHAND 2021.03.02 14:06 I attest to the accuracy and integrity of this document