1 CAO No. 174/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.174 of 2011 IN CIVIL APPLICATION No.888 of 2010 IN APPEAL FROM ORDER NO.658 of 2010 Rajesh Khairatilal Bajaj & Anr ... Applicants versus Rajrani Gurusharanlal Bajaj & Ors. ... Respondents ... Mr.Uday Warunjikar for the applicant. CORAM : D.G. KARNIK, J DATED : 15th December 2011 P.C. 1. This civil application is taken out with a prayer to recall and/or modify the order dated 22 November 2010 passed in Civil Application no.888 of 2010. 2. The application is taken out on 28 April 2011 and is barred by limitation. 2. The application is in the nature of a review which is sought on the grounds mentioned in paragraph no.5 of the application. 2 CAO No. 174/11 Under Article 124 of the Limitation Act, the period of limitation for making such an application is 30 days. The present application has been filed beyond the period of 30 days and is barred by limitation of 158 days. In the whole of the application and the affidavit filed in support thereof, this delay has not been explained. In fact, the original application did not even contain a prayer for condonation of delay and it appears that only on objection as to limitation was raised by the Registry, a modification is made by hand in prayer clause (a) by adding the words “and kindly condone the delay of 158 days”. There is no averment in the body of the affidavit explaining the delay of 158 days. In the circumstances, civil application is dismissed as barred by limitation. (D.G.KARNIK, J)