Allahabad High Court
Shalendra Kumar Pandey vs State Of U.P. on 6 July, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
Court No. - 39 Case :- WRIT - A No. - 20905 of 1986 Petitioner :- Shalendra Kumar Pandey Respondent :- State Of U.P. Petitioner Counsel :- Jagdish Singh Respondent Counsel :- S.C. Hon'ble Dilip Gupta,J.
Civil Misc. Delay Condonation Application No. 98146 of 2010 Heard learned counsel for the applicant and the learned counsel appearing for the respondents.
In view of the averments made in the affidavit filed in support of the application under Section 5 of the Limitation Act, I am satisfied that the applicant was prevented by sufficient cause from preferring the Restoration Application within the period of limitation.
The application is, accordingly, allowed.
Civil Misc. Restoration Application No. 98149 of 2010.
This application has been filed for recalling the order dated 8th July, 2008 by which the writ petition has been dismissed in default.
I have heard learned counsel for the applicant and the learned counsel appearing for the respondents.
In view of the averments made in the affidavit filed in support of the application, the application is allowed, the order dated 8th July, 2008 is recalled and the writ petition is restored to its original number.
Order Date :- 6.7.2010 NSC