RANCHI, India, Jan. 6 -- Jharkhand High Court issued the following order on Dec. 5:
1) Clearly, this instant review petition is a luxury litigation initiated on behalf of the petitioner. This is evident from the fact that this review petition was filed on 23.12.2018 seeking review of the order dated 09.09.2015 passed in L.P.A. No. 263 of 2009 and yet the application for review was not accompanied by a separate application under Section 5 of the Limitation Act seeking condonation of delay. Actually, this fact had to be pointed out to the petitioner by the Registry of this Court.
2) It is eventually on 20.10.2022 that an Interlocutory Application being I.A. No. 9859 of 2022 came to be filed under Section 5 of the Limitation Act, that too, seeking condonation of 1171 days delay in filing of the review petition. The only ground given in the application is that due to medical exigency and for treatment of jaundice the appellant was in his village and could not file the review petition. In support of such contention, a medical certificate issued by one Dr. Ajit Singh has been appended which is dated 16.12.2015.
3) Apart from that certificate, there is no other certificate appended by the petitioner. Obviously such certificate cannot be accepted given the fact that the review petition for the first time came to be filed only on 23.12.2018, i.e., after more than three years of the issuance of the certificate by the Doctor.
4) There is no cause, much less sufficient cause, shown by the petitioner for not filing the review petition within the time frame and the delay of 1171 days in filing of the review petition has gone unexplained. Consequently, the application being I.A. No. 9859 of 2022 filed under Section 5 of the Limitation Act is ordered to be dismissed.
5) Consequently, the review petition is dismissed as time barred.
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