LAWS(SC)-2013-3-52

AMALENDU KUMAR BERA Vs. STATE OF WEST BENGAL

Decided On March 22, 2013
AMALENDU KUMAR BERA Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Aggrieved by the order dated 22nd March, 2012 passed by the Calcutta High Court in C.O. No. 602 of 2012, the petitioner-decreeholder preferred this appeal. The High Court in exercise of power under Article 227 of the Constitution of India had refused to interfere with the order passed by the District Judge, Purba, Medinipur in Civil Revision No.1 of 2011, condoning the delay in filing the Revision Petition.

(3.) Although the Courts have always exercised discretion in favour of the person seeking condonation of delay in filing the appeal or revision, but in the facts and circumstances of this case, whether thePage 2 District Judge was justified in condoning the delay occurred in filing the revision petition