Allahabad High Court
State Of ... vs Annu Srivastava And Another on 19 November, 2019
Author: Alok Mathur
Bench: Pankaj Kumar Jaiswal, Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 500 of 2019 Appellant :- State Of U.P.Throu.Prin.Secy.Secondary Education Lko.& Ors. Respondent :- Annu Srivastava And Another Counsel for Appellant :- C.S.C. Counsel for Respondent :- V.K.Dubey Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Alok Mathur,J.
Order on Civil Misc. (Delay Condonation) Application No. 125437 of 2019 Heard learned Standing Counsel for the appellants and Sri V.K. Dubey, learned counsel for the respondents.
This application under Section 5 of the Limitation Act has been filed for condonation of delay in filing the appeal. The appeal has been filed beyond time by ten months and seven days.
In an identical matter being Special Appeal Defective No. 164 of 2019 - State of U.P. Throu. Secy. Secondary Education Lko. And Others Vs. Smt. Reetika Puruswani and Another (decided on 23.07.2019), there was delay of 150 days and a coordinate Division Bench of this Court dismissed the special appeal as time barred. The order dated 23.07.2019, reads as under :
"An application of similar nature seeking condonation of delay of 199 days has already been rejected today itself.
This appeal is also barred by limitation from 150 days. An application is preferred under Section 5 of the Limitation Act seeking condonation of the same.
On going through the averments contained in the application, we are of the view that in the instant matter also the appellant was not vigilant enough to file appeal in time. No justifiable explanation is given to have condonation of delay in filing the appeal. Application hence is dismissed.
In the result, appeal is also dismissed."
Present appeal has been filed been filed with delay of ten months and seven days.
On consideration of the grounds mentioned in the application for condoning the delay in filing the delay, we are of the view that they are not at all satisfactory for condoning the delay of ten months and seven days and therefore, relying on the order dated 23.07.2019 passed in Special Appeal Defective No. 164 of 2019, the delay condonation application is rejected.
Order Date :- 19.11.2019 A. Verma (Alok Mathur, J.) (Pankaj Kumar Jaiswal, J.) Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 500 of 2019 Appellant :- State Of U.P.Throu.Prin.Secy.Secondary Education Lko.& Ors.
Respondent :- Annu Srivastava And Another Counsel for Appellant :- C.S.C. Counsel for Respondent :- V.K.Dubey Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Alok Mathur,J.
The application under Section 5 of the Limitation Act for condonation of delay in filing the instant special appeal has been rejected by the order of date. Consequently, this time barred special appeal is also dismissed.
Order Date :- 19.11.2019 A. Verma (Alok Mathur, J.) (Pankaj Kumar Jaiswal, J.)