Allahabad High Court
Mangu Singh And Others vs State Of Up. And Another on 24 November, 2017
Author: Arun Tandon
Bench: Arun Tandon, Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- FIRST APPEAL No. - 144 of 2007 Appellant :- Mangu Singh And Others Respondent :- State Of Up. And Another Counsel for Appellant :- J.N.Sharma Counsel for Respondent :- Ashwani K. Mishra,Mahendra Pratap Hon'ble Arun Tandon,J.
Hon'ble Rajiv Joshi,J.
Order on Delay Condonation Application filed in Support of Restoration Application Restoration application filed beyond time is supported by an application under Section 5 of the Limitation Act for condonding the delay. Delay has been explained to the satisfaction of the Court. Delay is condoned. Application is allowed.
Order Date :- 24.11.2017 Akbar Order on Restoration Application Cause shown for the absence of the counsel on the date the appeal was dismissed in default is to satisfaction of the Court. The order dismissing the appeal is hereby recalled. The appeal is restored to its original number. The application is allowed.
Order Date :- 24.11.2017 Akbar Order on Delay Condonation Application filed in support of Substitution Application Substitution Application has been filed along with the application for condonding the delay in filling the substitution application. No objections have been filed to the same. Cause shown for the delay in filing of the substitution application is found to be reasonable. Delay is condoned. The applications is allowed.
Order Date :- 24.11.2017 Akbar Order on Substitution application No objection has been filed. Substitution application is allowed. Let necessary corrections be made within three weeks. Order Date :- 24.11.2017 Akbar Order on Amendment Application and on Acceptance of Court fee application. By means of this application the appellant has prayed for enhancing the valuation of the appeal and has also deposited the requisite court fees calculated on that basis. In view of the judgment of the Apex Court in the case of Nagendra and others Vs. State of Uttar Pradesh and others passed in Civil Appeal Nos.10429-10430 decided on 11th September, 2017, we feel that interest of justice demands that the amendment application be allowed. It is ordered accordingly. The court fees deposited may be accepted subject to the report of the Stamp Reporter about its sufficiency thereof. Application is allowed.
Order Date :- 24.11.2017 Akbar.
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Order on Memo of Appeal Hon'ble Arun Tandon, J.
Hon'ble Rajiv Joshi, J Allowed.
For orders, see our order of date passed on the separate sheets kept in First Appeal No. 806 of 2012 (Devendra Tyagi & Others Vs. State of U.P. & Anr). Order Date :- 24.11.2017 Akbar