AGRA DEVELOPMENT AUTHORITY Vs. DEVENDRA SINGH TARKAR

JUDGEMENT

(1.) THIS is an application made by the respondent no. 1 seeking review/recall of the judgment and order dated 07.04.2010 partly allowing the appeal. The appeal was partly allowed by making the following order :

(2.) STAMP Reporter has reported delay and laches of one year and 81 days in making review/recall application. An application under Section 5 of the Limitation Act seeking condonation of delay has also been moved. Cause shown for delay as mentioned in the affidavit filed in support of delay condonation application is that his counsel informed him on? 18.06.2011 that the appeal has been party allowed on 07.04.2010 and thereafter, he came to Allahabad on 29.06.2011 and obtained certified copy of the order on 29.06.2011 and the delay has been caused due to lack of knowledge on account of which the review/recall application could not be filed within stipulated time.

(3.) BALD allegations have been made without specifying as to how and in what manner his counsel informed him. Allegations do not inspire confidence and it appears that it has been made only for the purpose of the case. Even the certified copy which he has applied and obtained on 29.06.2011 has not been filed so as to substantiate the allegations. Mere allegations without mentioning the details and not supported by any material? cannot constitute a ground to condone the delay.