Case: Sasi (D) Thr Lrs Vs. Aravindakshan Nair And Ors

3. A Regular Second Appeal was preferred before the High Court under Section 100 of the Code of Civil Procedure challenging the judgment and decree passed in Appeal Suit No.149 of 2008, which had given the stamp of approval to the judgment and decree passed by the learned Munsiff, Alappuzha in O.S. No. 518 of 2003. The learned Single Judge of the High Court dismissed the Second Appeal on 9th March, 2012. The appellant therein filed a review petition under Order 47 Rule 1 C.P.C. on 20th September, 2012. The review was barred by limitation and eventually, the same was not entertained on merits.

Court's reasoning:
2. Ordinarily, we would have passed a short order in the matter dismissing the special leave petition which would have paved the path for extinction for the litigation, for it is devoid of any merit warranting any interference but, an eloquent one, the circumstances impel us to state something more.We are really not concerned with the entertaining of an application for review with some delay, but what is perplexing is that the review petition preferred in 2012, was kept pending for almost four years and, thereafter, the High Court has dismissed the same by observing that an effort has been made to seek review of the main judgment as if the High Court was expected to exercise appellate jurisdiction while dealing with an application for review.The aforesaid authorities clearly spell out the nature, scope and ambit of power to be exercised. The error has to be self-evident and is not to be found out by a process of reasoning. We have adverted to the aforesaid aspects only to highlight the nature of review proceedings.10. In the case at hand, be it clearly stated, we are really not concerned with the exercise of the power of review and its limitation by the court. We are concerned with the delay in disposal of the application for review which was kept pending for a span of four years.11. An application for review, regard being had to its limited scope, has to be disposed of as expeditiously as possible. Though we do not intend to fix any time limit, it has to be the duty of the Registry of every High Court to place the matter before the concerned Judge/Bench so that the review application can be dealt with in quite promptitude. If a notice is required to be issued to the opposite party in the application for review, a specific date can be given on which day the matter can be dealt with in accordance with law. A reasonable period can be spent for disposal of the review, but definitely not four years. We are compelled to say so as the learned counsel for the petitioner has submitted that there is a delay of 1700 days in preferring the special leave petition against the principal order as he was prosecuting the remedy of review before the High Court. The situation is not acceptable.12. We are obliged to observe certain aspects. An endeavour has to be made by the High Courts to dispose of the applications for review with expediency. It is the duty and obligation of a litigant to file a review and not to keep it defective as if a defective petition can be allowed to remain on life support, as per his desire. It is the obligation of the counsel filing an application for review to cure or remove the defects at the earliest. The prescription of limitation for filing an application for review has its own sanctity. The Registry of the High Courts has a duty to place the matter before the Judge/Bench with defects so that there can be pre-emptory orders for removal of defects. An adroit method cannot be adopted to file an application for review and wait till its rejection and, thereafter, challenge the orders in the special leave petition and take specious and mercurial plea asserting that delay had occurred because the petitioner was prosecuting the application for review. There may be absence of diligence on the part of the litigant, but the Registry of the High Courts is required to be vigilant. Procrastination of litigation in this manner is nothing but a subterfuge taken recourse to in a manner that can epitomize "cleverness" in its conventional sense. We say no more in this regard.