ROSHAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Both appeals impugn, i) the common order dated 5th November, 2012 of the learned Single Judge of this Court in W.P.(C) No.4566/2001 and in W.P.(C) No.5175/1988 filed by the appellants respectively; as well as, ii) the order dated 30th January, 2014, again common, of dismissal of Review Petition No.426/2013 and CM No.79/2013 also for review / clarification filed by the appellants respectively.

(2.) The appeals are accompanied with applications for condonation of 45 days delay in filing thereof and 13 days delay in re-filing thereof. However the said delay has been computed treating the appeals as one against the order dated 30th January, 2014 only when in the prayer paragraph in the appeals, partial setting aside of the order dated 5th November, 2012 has also been sought. The appeals in so far as against the order dated 5th November, 2012 are palpably barred by time and there are no applications for condonation of the said delay in filing the appeals. As far as the order dated 30th January, 2014 is concerned, the same is merely an order of dismissal of applications filed seeking review of the order dated 5th November, 2012. Against a dismissal of a review application, no appeal is maintainable. Thus the appeals in fact are against the order dated 5th November, 2012 only and qua which they are time barred and there are no applications for condonation of delay.

(3.) Upon our pointing out so, the counsel for the appellants stated that the hearing be adjourned to enable him to file applications for condonation of delay in filing the appeals against the order dated 5th November, 2012.