CHHOTEY LAL MODI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS is an application for condonation of delay in filing the instant review application, which is time barred by 519 days. The explanation offered therein is that the petitioner was not a party either in the writ petition or in the L.P.A. and yet adverse order had been passed against him, of which he was not aware and hence, he has filed the instant review application after a delay of 519 days. Civil Review No. 49/2008:

(2.) IN our considered opinion, the review application cannot be held maintainable at the instance of anyone including the petitioner, who was not a party to the Letter Patent Appeal, even if we were to ignore the delay, we are of the considered opinion that the review application cannot be held maintainable at the instance of a party, who had not been impleaded in the appeal, as the petitioner will have ample opportunity to contest the order, if the same is implemented although he had not been impleaded as a party.