Labh Singh v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH RA-LP-19-2021 in LPA No. 717-2021 Date of decision: 14.01.2022 Labh Singh ....Appellant(s)

Versus

State of Punjab and others ....Respondent(s) CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA HON'BLE MR. JUSTICE KARAMJIT SINGH

Present:

Mr. Vikas Chatrath, Advocate, for the review-applicant/appellant.

(The proceedings are being conducted through video conferencing, as per instructions) G.S.SANDHAWALIA, J. (Oral) The present review application has been filed under Order 47 Rule 1 read with Section 151 CPC for review of the order dated 27.08.2021 passed in LPA No. 717 of 2021.

Keeping in view the fact that the final orders in review was passed on 08.05.2018 (Annexure P-18 attached in the writ petition out of which the appeal has arisen), the same was only challenged in the year 2021 by filing a writ petition. Though there is no specific period of limitation provided as such, but the delay of over 2-1/2 years in filing the writ petition goes on to show that the review-applicant/appellant had been sleeping over his legal rights. It is settled principle that the writ jurisdiction under Article 226 of the Constitution of India is an extra ordinary writ jurisdiction. In such circumstances, once the review applicant/appellant has himself been lethargic as such to challenge the order within a reasonable period of time, this Court is of the opinion that the order which is now sought to be reviewed dated SHIVANI GUPTA 2022.01.14 15:27 I attest to the accuracy and integrity of this document

-227.08.2021, it is not open to question in the review application on the same footing since the appeal had been dismissed upholding the view that the appellant was guilty of delay and laches.

Accordingly, no ground is made out for review of the order dated 27.08.2021 and the present review application stands dismissed. (G.S. SANDHAWALIA) JUDGE 14.01.2022 (KARAMJIT SINGH) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No SHIVANI GUPTA 2022.01.14 15:27 I attest to the accuracy and integrity of this document