Allahabad High Court
PERSURAM AND 2 OTHERSversusDEPUTY DIRECTOR OF CONSOLIDATION AND 7 OTHERS
- Decided
- Bench
- SALIL KUMAR RAI
Holding
The Court held that the delay was not satisfactorily explained and therefore could not be condoned, resulting in dismissal of the review application.
Summary
The petitioners filed a review application seeking reconsideration of the High Court's order dated 10‑08‑2021 dismissing their writ petition. The review was filed 811 days after the original order, and the petitioners submitted an affidavit attempting to explain the delay, citing lack of telephone access, serious illness due to COVID‑19, financial constraints, and difficulty in obtaining necessary documents. The Court examined the affidavit and found that the explanations did not satisfactorily account for the extensive delay. Consequently, the Court held that the delay could not be condoned. The review application was therefore dismissed, leaving the original dismissal order in force.
Issues considered
- Whether the delay of 811 days in filing the review application can be condoned under the provisions governing review applications.
Subjects
- review application
- delay condonation
- civil procedure
- High Court
- writ dismissal
- affidavit
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 241 of 2026
Persuram And 2 Others
.....Applicant(s)
Versus
Deputy Director Of Consolidation And 7 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Jagdish Prasad Tripathi, Urmila
Tripathi
Counsel for Opposite Party(s) : C.S.C.
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
The present review application has been filed for review of the order
dated 10.08.2021 passed by this Court dismissing Writ - B No. 791 of
2021.
The office reports that there is a delay of 811 days in filing the review
application. The delay has not been satisfactorily explained in the
affidavit filed in support of the delay condonation application. The order,
the review of which has been prayed, was passed on 10.8.2021. The
averments in the affidavit explaining the delay are reproduced below:-
"2. That, the deponent case was dismissed on 10.08.2021 by this Hon'ble Court but the
same order could not came in the knowledge of the deponent because the deponent is
rustice villagers, he has no phone in his hand and he was fell seriously ill due to
Covid-19, hence he could not met his counsel.
3. That, in the vacation of holiday in year 2026, he met to his counsel on his resident
at Basti, then his counsel told him that this Hon'ble Court dismissed, he also
suggested to file review application and also suggested to arrenge revenue papers.
The deponent met in record room, one Munshi who take the responsibility to give the
paper and he gave expenses of the case.
4. That, thereafter petitioner/deponent again fell ill and he could not contact to the
munsi and the counsel of deponent inquire to ready the papers but due to ill health
could not contact him. He gave papers in the third week of May, 2026 then the
contacted to his counsel, he called him to come Allahabad where he came on
CMRAD No. 241 of 2026
2
26.05.2026 to take photo center and he obtained the photo affidavit from the photo
identification center. He has no money and he take money to arrange the expenses to
filed review application and he again became ill and lastly he came to Allahabad in
last week of July 2026 and now he handover the expenses of the case and also fee of
the counsel and thereafter without further delay preparing instant review application
and if any delay kindly may be condone, otherwise petitioner/ deponent shall suffer
irreparable loss and injury."
It is apparent that day-to-day delay in filing the review application has not
been explained in the affidavit. There is no satisfactory explanation for
the delay.
The delay condonation application and consequently the review
application stand dismissed.
(Salil Kumar Rai,J.)
September 24, 2026
Vipasha
Digitally signed by :-
VIPASHA MUKHERJEE
High Court of Judicature at Allahabad
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