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Monday, September 16, 2013




This refers to ‘will the SLP be filed again mending defects’. 
  • YES it was filed pending scrutiny and the fate of it is beyond doubt as no new points  could be imported in the revised affidavit. 
  • Recalling the  words of the learned Judge while dismissing tha SLP : ‘ The SLP filed against the order passed in the review petition does not merit acceptance, more so because the learned senior counsel for the petitioner could not show that the order under challenge is vitiated  by an error apparent on the face of the record.’  While allowing the fresh SLP to be filed the learned judge also said that the condonation for the delay in filing the  first SLP will be decided on merit . 
  • The only reason the petitioner could plead is negligence and certainly could not plead ignorance of law for there is no excuse for that and either way there is no merit in asking.
  • The misdemeanor of the Petitioner in the past well as now in filing the defective documents before the court exposes the malafide intentions of the petitioner which has been adequately exposed much to the discomfiture of the petitioner. . 
Suffice to say that while dismissing the SLP the remarks made by the learned judge as pointed above serves as a forerunner for the fate of the fresh SLP.  Let us wait and see.

R.K.Viswanathan