- (1.) HEARD the learned Advocates appearing for the parties.
(2.) A short question is involved in this matter as to whether once the Special leave Petition is dismissed challenging the judgment and order passed by the division Bench of High Court exercising appellate jurisdiction in a writ application, whether a review application could be maintainable seeking review of the judgment and order of the Division Bench after dismissal of the Special Leave petition as well as the review petition thereof, by the Supreme Court of India, with a prayer of condonation of delay by filing an application under Section 5 of the Limitation Act.
(3.) FACTUAL matrix of this review application as filed with application under section 5 of the Limitation Act is to this effect: The present applicant moved a writ application being W. P. No. 385 of 1998 assailing the order terminating the service during probationary period. The writ petitioner therein suffered the order of termination passed by the High Court administration while he was on probation in the lower Judicial Service in the post of Munsif, now renamed as Judge, Junior Division. This application was dismissed by reasoned order on 12th August, 1999. Against this dismissal of writ application, an appeal was laid registered as A. P. O. No. 131 of 2000, which also stood dismissed by a reasoned decision dated 26th August, 2003 by the Division bench of Calcutta High Court. Assailing the judgment and order passed by the calcutta High Court in the aforesaid appeal, a Special Leave Petition was moved, which was registered as Special Leave to Appeal (Civil) No. 2437 of 2004 and this special Leave Petition stood dismissed by the order dated 8th April, 2004. Against the order of dismissal of Special Leave Petition, a review application was moved before the Apex Court, which also stood dismissed by the order dated 24th august, 2004. Thereafter the writ petitioner filed representation to the President of India and ultimately filed this review application with an application under section 5 of the Limitation Act seeking condonation of delay of 727 days. ;