V.K.BALI,J. - (1.) This review application u/Art. 226 of the Constitution of India, has been filed against the order dated 7.10.2004 passed by the Division Bench of this Court in D.B. Civil Special Appeal (Writ) No. 246/2004. In as much as, there is a delay of 288 days in filing the review petition as mentioned in para 5 of the application itself, the same is accompanied by an application u/s. 5 of the Limitation Act, for condoning the delay in filing the review petition.
(2.) Inter-alia it has been pleaded in the application that the counsel representing the case had informed the result of the case to the applicant in time but because of illness from 1.10.2004 the applicant could not meet his counsel but after his fitness applicant met the counsel and applied for the certified copy of the said order on 17.2.2005 and the certified copy was received on 18.2.2005. It is then pleaded that the petitioner is an old person and was suffering from the disease and because of the fact that he had been confined to bed he could not contact the counsel.
(3.) We are not at all satisfied with the cause pleaded in the application seeking condonation of delay. What was the disease the applicant had and what treatment he received for the same has not been mentioned. There is no proof brought on record which may even remotely suggest that the applicant had fallen ill. The application is, therefore, rejected. Once, we have dismissed the application for condonation of delay, the review application does not survive and the-same is also dismissed. Appeal Dismissed ;