SUPREME COURT OF INDIA

Before:- D.M. Dharmadhikari and B.N. Srikrishna, JJ.

Civil Appeal No.373 OF 2005. D/d. 17.1.2005.

Thakur Bhagat Singh - Appellant

Versus

State of M.P. & Ors. - Respondents

Limitation Act, 1963, Article 124 and Section 5 - Civil Procedure Code, 1908, Section 114 and Order 47, Rule 1 - High Court dismissed review petition on the ground of delay - Petitioner acquired knowledge of the order under review on 22.6.2002 - Review petition was filed on 22.7.2002 - Review petition was thus within limitation from date of deriving knowledge of the order - Moreover review petition in common subject-matter filed by other awardees was already under consideration before the High Court - Under such circumstances appeal allowed.

[Paras 3 and 4]

JUDGMENT

D.M. Dharmadhikari, J. - Leave granted.

2. Heard learned counsel appearing for the parties.

3. This appeal has been preferred against the order dated 03rd September 2002 by which the Review Petition preferred before the High Court has been dismissed only on the ground of delay. The contents of the impugned order itself show that the petitioner claims to have acquired knowledge on 22nd June 2002 of the order of which review was sought. The Review Petition was filed on 22nd July 2002. The Review Petition was thus within limitation from the date of deriving knowledge of the order. That apart, we are informed that the other Review Petition being MCC No.289 of 1999 in common subject-matter filed at the instance of other awardees is already under consideration before the High Court.

4. Under these circumstances, we allow this appeal and send back the matter to the High Court to decide the Review Petition on merits along with the connected matters.

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