Supreme Court Holds Allottees Who Elected RERA Remedy Cannot Subsequently Seek Interim Relief Under Section 9 Arbitration Act Lodging FIR Does Not Amount To Instigation: Supreme Court Quashes Section 306 IPC Case Against In-Laws Over Husband's Suicide Vigilant Citizen Deserves Acknowledgment: Supreme Court Sets Strict Timelines For 20-Year-Old Subway Project, Lauds Litigant's Relentless Legal Battle Lawyer Cannot Disclose Privileged Information On TV Even If Client Becomes Adversary: Supreme Court Upholds Suspension Of Advocate Rizwan Siddique, Slaps ₹5 Lakh Cost On Both Parties Supreme Court Modifies 3-Year Bar Practice Rule; Orders 1-Year Practice Coupled With 2-Year Academy Training & Clerkship Model Made A Scapegoat Under Pressure Of Public Outcry: Delhi High Court Acquits Man Sentenced To Life In POCSO Case Doctrine Of Lis Pendens Applies To Court Auctions; Purchaser Bound By Outcome Of Pending Specific Performance Suit: Allahabad High Court Andhra Pradesh High Court Rules Section 65B Evidence Act Objection Cannot Be Raised For First Time In Appeal Two-Month Time Limit To File Evidence Under Rule 45 Of Trade Marks Rules 2017 Is Mandatory; Non-Compliance Results In Deemed Abandonment: Madras High Court SEBI Act | Special Law Overrides General Law': Bombay High Court Quashes Police FIR Against Ex-Axis Mutual Fund Chief Dealer In Front-Running Case 'Truth Cannot Be Sacrificed At The Altar Of Rigid Timelines': Calcutta High Court Upholds Section 311 CrPC Powers At Any Stage For Just Decision 'A Dispute Does Not Cease To Be Criminal Merely Because It Involves Commercial Transaction': Chhattisgarh High Court Refuses To Quash Cheating FIR In ₹4.39 Cr Land Deal Holding In Designated Centres Only Way If Foreigner Cannot Be Expelled: Gauhati High Court Denies Bail To Declared Foreigner Who Illegally Re-Entered India Madras High Court Issues Guidelines Against Police Harassment Under Guise Of Enquiry, Mandates Written Summons Under Section 179 BNSS Grave Ramifications On Rights': Punjab & Haryana High Court Mandates Strict Compliance Of Section 82 CrPC Before Declaring Accused As Proclaimed Person 'Interacting With Father Benefits Child's Well-Being': Kerala High Court Grants Virtual Access To Father After Mother Takes Child Abroad Violating Restraint Order Agreement In Family Member’s Name Cannot Shield Occupants Under Section 53-A TP Act': Uttarakhand High Court Upholds Eviction Of Licensees Not Filling A Lacuna: Subsequent Forensic Report From Criminal Case Can Be Produced As Additional Evidence In Civil Suit: Punjab & Haryana High Court Mere Nomination In FIR Not Enough For Vicarious Liability: Allahabad High Court Acquits Murder Accused Under Section 149 IPC Demanding Separations From Depending In-Laws Constitute Mental Cruelty: Calcutta High Court Upholds Divorce Human Memory Not Photographic: Allahabad High Court Upholds Murder Conviction, Reiterates 'Falsus In Uno' Maxim Has No Application In India Litigant Claiming To Be Sub-Tenant Before Revenue Authorities Cannot Set Up Plea Of Adverse Possession In Civil Court: Madhya Pradesh High Court Civil Death": Orissa High Court Rules Blacklisting Of Contractor Without Specific Show-Cause Notice Violates Natural Justice Delay Irrespective Of Number Of Years Ought To Be Condoned In Land Acquisition Matters': Punjab & Haryana High Court Condones 3953 Days Delay 'Notary Cannot Act As Marriage Officer': Madhya Pradesh High Court Accepts Notary's Apology With ₹2 Lakh Welfare Cost, Directs Display Board Against Notarizing Marriages

Petitioner Failed to Disclose the Actual Date When the Certified Copy Was Ready," Holds Delhi High Court in Dismissing Delayed Review Petition

07 May 2024 8:19 AM

By: Admin


The Delhi High Court has dismissed the petition under Article 227 of the Constitution of India, challenging an earlier order by the Additional District Judge which refused to condone a 94-day delay in filing a review petition under Section 5 of the Limitation Act. The court observed that the petitioner, Dinesh Chandra Gupta, did not present a valid explanation for the delayed review application regarding his rights over the terrace of a property in Defence Colony, New Delhi.

The central issue in the case was the petitioner's ability to justify the delay in seeking a review of the appellate court's decision which had affirmed his and his siblings' equal rights to the terrace above their respective floors in a property left to them by their deceased mother. The petitioner had attempted to challenge this arrangement by installing an iron grill that blocked access, which the courts had ordered him to remove.

After the trial and initial appellate decisions against him, Gupta sought a review, claiming he discovered new evidence relating to the property rights. However, he filed this review 94 days after the judgment, which exceeded the permissible time limit, leading to its dismissal based on procedural grounds—specifically, the delay was not satisfactorily explained.

Dispute over Factual Timeline: The court meticulously analyzed the sequence of events and submissions regarding when Gupta became aware of the evidence he cited as new. The High Court found inconsistencies and lack of transparency in Gupta's account of when and how he accessed certain documents.

Review of the Legality of Delay: The court applied principles established under the Limitation Act, agreeing with the Additional District Judge that Gupta failed to show sufficient cause for the delay in filing the review petition. The High Court cited previous Supreme Court rulings which set strict standards for condoning delays in judicial proceedings.

Evaluation of New Evidence: The purported new evidence, a Municipal Corporation of Delhi (MCD) assessment order, was scrutinized. The High Court agreed with the lower court's finding that this document had been known to Gupta before the dispute reached the courts, thus negating his claim of its discovery only before filing the review petition.

Decision: The High Court concluded that the petitioner's arguments were without merit, affirming the lower court's decision to dismiss the review petition based on the unexplained procedural delay. The petition under Article 227 was also dismissed, along with all related applications.

Date of Decision: May 06, 2024

Dinesh Chandra Gupta vs. Tajinder Pal Singh & Anr

Latest Legal News