STATE OF UTTARANCHAL Vs. VIRENDRA KUMAR

JUDGEMENT

(1.) By the present review petition the petitioner has challenged the order dated 5.11.2004 passed in Second Appeal No. 566 of 2001, dismissing the second appeal in limine.

(2.) The application for review has been filed on 24.12.2004 alongwith application under section 5 of the Limitation Act for condonation of delay. The respondents tiled objections. After taking lenient view in the matter delay in filing the review petition is condoned.

(3.) Coming to the review application initially the second appeal was argued by Sri Nand Prasad, Standing Counsel at great length and when the appeal was listed for delivery of judgment, again Sri Nand Prasad has made a mention that he has filed the application for further hearing in the matter. The application was allowed and the case was listed for further hearing on 3.11.2004. Thereafter again arguments were heard and ultimately the appeal was dismissed on 5.11.2004, under Order 41, Rule 11, Code of Civil Procedure at the admission stage. Since, the appeal was dismissed under Order 41, Rule 11. Code of Civil Procedure therefore, substantial question of law was not framed.