Court No. - 29
Case :- CIVIL MISC REVIEW APPLICATION No. - 131 of 2021 Applicant :- Om Prakash And 6 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Hira Lal Singh(Kushwaha) Counsel for Opposite Party :- C.S.C.,Anuj Pratap Singh
Hon'ble Munishwar Nath Bhandari,J. Hon'ble Piyush Agrawal,J.
Heard on the application for condonation of delay of 192 days in maintaining the review application and also on the merit of the review.
The review application has been filed alleging non- consideration of the judgment enclosed alongwith the writ petition. No other ground has been taken for maintaining the review application other than the aforesaid.
We find that the judgment was dictated by this Court in open Court after dealing with the oral arguments raised by the counsel and for that, considered even the judgment cited by the counsel. Other than the judgments considered by us, no other judgment was referred. It is further a fact that review application has been filed by an Advocate other than who had originally argued the case. The review application is not maintainable by other Advocate in view of the judgment of the Apex Court in the case of Tamil Nadu Electricity Board and another Versus N. Raju Reddiar and another reported in (1997) 9 SCC 736.
It is otherwise a fact that a review application is maintainable only when material irregularity in the judgment is shown on the face of it.
Learned counsel for the review applicant has failed to refer any error apparent on the face of record or material irregularity in the judgment so as to review the judgment. For it, application has been filed with a delay of 192 days without explaining satisfactorily.
For all the reasons given above, the review application so as the application for delay condonation are dismissed.
Order Date :- 28.10.2021 Shubham .
(Piyush Agrawal, J.) (Munishwar Nath Bhandari, J.)