RAJESH NANDKISHORE BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter was called out for hearing in the first round, then in the second round and lastly in the third round, but none put appearance on behalf of the applicant. On 2-5-97 also none put appearance in this case and the matter stood over beyond vacation. Today also the position remains the same.

(2.) Prayer has been made by the applicant in this Misc. Civil Application for recalling of the order dated February 26, 1991 passed in Special Civil Application No. 755 of 1989.

(3.) In sum and substance the applicant made twofold prayers namely recalling or for review of the order. The ground given for recalling of the order is that the order has been made against a dead person. The Special Civil Application No. 755 of 1989 has been filed by Smt. Rukshmaniben H. Bhatt in the matter of Urban Land (Ceiling and Regulation) Act, 1976. This petition came to be decided by this Court under the order dated February 26, 1991. This application for recalling or review of the order, passed in the aforesaid petition has been made on 12th April 1996, i.e. after more than five years from the date of the order. However, learned counsel for the petitioner has stated in the note dated 27th April, 1997 that delay in filing of this application has been condoned by this Court (Coram : A. N. Divecha, J.), by an oral order dated 21st September 1996 passed in Civil Application No. 6027 of 1996. The papers of that CA were not on record, but I take it to be correct that delay has been condoned, but merely because delay has been condoned, it does not mean that this application deserves acceptance.