Hon’ble Allahabad High Court while dealing with the petition here on 08-02-2019 in the case of “Yaseen Ali (Asin Ali) v. Smt. Meena Devi And 2 Others” stated that the limitation would not be counted from the date the review application was rejected but from the date the original order, which is under challenge, was passed.
BRIEF FACTS OF THE CASE
The petitioner, who was defendant in Original Suit No.419 of 2014, feeling aggrieved by the decision of the trial court dated 19.7.2016 deciding issue relating to valuation, filed a review application. The review application was rejected by order dated 18.12.2018.
Both the orders dated 19.7.2016 and 18.12.2018 were challenged by filing a single revision. Admittedly, no application under Section 5 of the Limitation Act was filed.
DECISION OF THE COURT
Court held that in normal course, if two orders were to be challenged, the petitioner should have filed two separate revisions. Further, the limitation would not be counted from the date the review application was rejected but from the date the original order, which is under challenge, was passed.
Thus, in such view of the matter there is no any infirmity in the order passed by the revisional court. The petition lacks merit and finally dismissed.
Read the full Judgement Here-
http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=6995393
