SURYA PRASAD Vs. ISHWAR PRASAD AND ORS.

JUDGEMENT

(1.) Delay condoned.

(2.) Against the judgment in First Appeal No. 79 of 1996 on the file of High Court of Patna, the petitioner herein filed special leave petition (Civil) No. 22478/2013 which was dismissed on 01.08.2013. Thereafter, an application for review has been filed on 21.11.2014 before the High Court as Civil Review No. 386 of 2014. An application for condonation of delay as I.A. No. 8656 of 2014 was also filed. For the sake of clarity we shall incorporate the averments made in the application for condonation of delay:

(3.) The High Court, however, despite taking note of the fact of delay, dismissed the review petition on maintainability. In view of the reference pending before this Court in Khoday Distilleries Ltd. & Ors. v. Mahadeshwara S.S.K. Ltd. in SLP (C) No 490 of 2012 with regard to the maintainability of review petition after dismissal of the special leave petition, the High Court should have refrained itself from passing any order on the maintainability of the review petition, in case, the reference was brought to the notice of the High Court. Be that as it may, in view of the averments in the application for condonation of delay which are far from satisfactory, it was a case perfectly fit for dismissal on the ground of delay. Therefore, the application for review before the High Court stands dismissed on the ground of delay and the question of law is kept open.