BALWANT KAUR Vs. SUKHDEV SINGH

JUDGEMENT

(1.) THIS is an application for re-calling of order of the Financial Commissioner Appeal-II Punjab dated 30.3.2001.

(2.) HEARD the Learned Counsel for the applicants/petitioners. The record of the case has also been perused carefully. It reveals that this case was dismissed in default on 3.11.1998 by the then Financial Commissioner Revenue (Shri N.K. Arora, I.A.S.), for the first time. On the application for restoration, the then Financial Commissioner Appeals (Mrs. Rupan Deol Bajaj, IAS) restored it on 13.8.99. However thereafter the case was again dismissed in default for non-appearance and as well as non-compliance of the Court order on 11.2.2000. The petitioner preferred another application for restoration of the case. The then (Financial Commissioner Appeals-II) first restored the R.O.R. and thereafter dismissed the same in limine with the observation that no case is made out to interfere into the orders of lower courts. The petitioners have filed now another application dated 19.12.2002 after a lapse of about one year and nine months for the review of order dated 30.3.2001. I have given my careful consideration to the above. Under Rule 15 of the Punjab Land Revenue Act, 1887, the limitation for filing review application is 90 days. Even that apart the Learned Counsel for the applicant has not been able to explain any genuine reason about delay in filing the application. Moreover from the preceding discussion it clearly transpires that this ROR has been earlier dismissed twice for default. Even this application for the third time has been filed after delay of more than one year and nine months. I have thus no reason but to conclude that the only motive of the petitioners appears to be to delay the proceedings for as long as possible by misusing the court platform. In view of my above findings. I find no force in the review application. Hence the same is dismissed.