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2025 DAILYLAW 127189 (ALL)

AFTAB ALAM AND ANOTHER v. THE NEW INDIA ASSURANCE CO. LTD. THRU. MANAGER (LEGAL) MAHATMA GANDHI MARG LKO. AND ANOTHER

CMRAD/38/2025 · 2025-03-20

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16161 Court No. - 11 Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 38 of 2025 Applicant :- Aftab Alam And Another Opposite Party :- The New India Assurance Co. Ltd. Thru. Manager (Legal) Mahatma Gandhi Marg Lko. And Another Counsel for Applicant :- Arshad Siddiqui,Devanshu Pratap Singh,Om Prakash Srivastava,Shafaq Fatima Hon'ble Rajnish Kumar,J. (Civil Misc. Review Application No.02 of 2025) Heard, Shri Om Prakash Srivastava, learned counsel for the review applicant. In view of the reasons assigned in the affidavit filed in support of the application for condonation the delay, the delay in filing the review petition is condoned. In re: Review Heard. The sole argument advanced by learned counel for the review applicant is that the notices were not served on the respondent nos.2 and 3, therefore, they could not appear when the impugned judgment and order was passed in First Appeal From Order No.258 of 2017, therefore, they are constrained to file this review application. Perusal of the order sheet of First Appeal From Order No.258 of 2017 indicates that notices were issued to the respondents by means of the order dated 13.04.2017. As per the office report dated 05.04.2018, the notices were served personally on the respondent nos.2 and 3. They did not appear despite sufficient personal service, therefore, the ground taken by the review applicant is misconceived and untenable. The review application has been filed on misconceived grounds. Even otherwise, no error apparent on the face of record could be pointed out by learned counsel for the review applicant, which may warrant review of the judgment and order passed by this Court. The review application is misconceived. It is, accordingly, dismissed. ...................................................................(Rajnish Kumar, J.) Order Date :- 20.3.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench