LOCHAN PRASAD KATARE Vs. KESHAV SINGH & ORS

JUDGEMENT

(1.) Heard on I.A. No. 2579/2013, an application for condonation of delay. In the present case, there is a delay of 160 days in filing the review petition. The petitioner has specifically pleaded in the petition that no notice was served on the petitioner of the first appeal and he came to know about the judgment and decree when execution proceedings were filed and thereafter he obtained the certified copy of the judgment.

(2.) We have considered the merits and held that a substantial injustice has been caused to the present petitioner. Hon'ble Supreme Court in Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy and others,2013 STPL(Web) 737SC has held as under in regard to the facts which could be taken into consideration for the purpose of condonation of delay.

(3.) Consequently, the application is hereby allowed and the delay in filing the review petition is hereby condoned.