CHANDMALL CHOPRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The two papers were moved before me. One is an application for condonation of delay in the submissions of the review application and another is stated to be an application for review of my judgment dated 17th May, 1985 (reported in AIR 1986 Cal 104), but which is actually a memorandum of review. By the said judgment I have dismissed the writ petition directed against Koran in limine. Thereafter these two "applications" have been filed.

(2.) So far as the condonation of delay is concerned, the time for making an application for review is 30 days. There is only one day's delay. It might be felt that only one day's delay may be condoned but the condonation of delay is not a matter of course. The petitioner must give proper explanation of even one day's delay. In this case in the petition the delay is sought to be explained by making the following averments : -

(3.) So far as the "application" for review is concerned actually it is a memorandum of review. It is to be pointed out that there is no application in support of the said memorandum. The only application filed along with the memorandum is the application for condonation of delay. There is no prayer therein for issuing a rule or for any order directing the hearing of the application for review. There is no averment in the said application also so far as review is concerned. Though it is stated in the memorandum of review that it is an application for review, there is in fact no such application.