Kamla & ORS v. Sudesh & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH RA-CR-189-CII-2018 (O&M) IN FAO-4032-2013 Date of Decision : 26.05.2025 Kamla & Ors ... Appellant(s)

Versus

Sudesh & Ors ... Respondent(s) CORAM :

HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Sandeep K. Sharma, Advocate for the review applicant-appellants.

Mr. S.K. Tripathi, Advocate for respondent Nos.1 and 2. Mr. Gaurav Jindal, Advocate for respondent No.3. ALKA SARIN, J. (Oral) CM-20593-CII-2018 1.

For the reasons mentioned therein, the application seeking condonation of delay of 164 days in refiling the review application is allowed and the delay of 164 days in refiling the review application is condoned.

RA-CR-189-CII-2018 2.

Challenge in the present review application is to the effect that the issue of contributory negligence has not been dealt with while deciding the main appeal. The present review application has been filed with an application (CM-20592-CII-2018) for condonation of delay of 1100 days in filing the review application.

3.

A perusal of the order dated 23.01.2015 reveals that in the fifth Yogesh Sharma 2025.05.27 10:53 I attest to the accuracy and authenticity of this judgment/order.

Chandigarh

RA-CR-189-CII-2018 (O&M) -2paragraph of the order, a specific plea had been noticed that "lone contentious issue that is sought to be assailed by the appellants is quantum of compensation and denial of the same to the unmarried minor sisters." Even in the penultimate paragraph it has been stated that " Rest of the stipulations laid down by the Tribunal need not be disturbed." 4.

In view of the above, the present review application is not maintainable as the same would amount to rehearing of the case which is not the scope of review. Even otherwise, there is no explanation for delay of 1100 days in filing the review application. Accordingly, the present review application is dismissed on merits as well as on the ground of delay in filing the review application. Pending applications, if any, also stand disposed off. 26.05.2025 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Yogesh Sharma 2025.05.27 10:53 I attest to the accuracy and authenticity of this judgment/order.

Chandigarh