Dismissed

M/S Kaila Devi and Anr. v. State of U.P. and 4 Ors.

Allahabad HC28 May 2018SPLAD/319/2018

Case brief

AI extract

What is this about?

The court allowed an application for condonation of delay in filing a Special Appeal under Section 5 of the Limitation Act. Subsequently, the Special Appeal itself was dismissed as not maintainable because it was filed against an appellate order.

What did the court decide?

The application for condonation of delay in filing the Special Appeal was allowed and the delay was condoned.

M/S Kaila Devi and Anr. Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2018)

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Court No. - 39

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Case :- SPECIAL APPEAL DEFECTIVE No. - 319 of 2018

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Appellant :- M/S Kaila Devi And Anr Respondent :- State Of U.P. And 4 Ors Counsel for Appellant :- Rahul Sahai Counsel for Respondent :- C.S.C.

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Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.

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The writ petition filed by the appellant to assail the order cancelling the licence of the petitioner for the kerosene oil and the appellate order was dismissed.

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Though number of submissions have been raised by learned counsel for the appellants, learned Standing Counsel points out that since the writ petition was directed against an appellate order also, the Special Appeal would not be maintainable under Chapter VIII Rule 5 of the Allahabad High Court Rules.

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We find substance in the submissions made by learned Standing Counsel.

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The writ petition filed by the appellants was directed against an appellate order. The Special Appeal would not be maintainable under Chapter VIII Rule 5 of the High Court Rules.

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The Special Appeal is, accordingly, dismissed. Order Date :- 28.5.2018 GS

(Dilip Gupta,J.)

(Neeraj Tiwari,J.)

Court No. - 39

Case :- SPECIAL APPEAL DEFECTIVE No. - 319 of 2018

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Appellant :- M/S Kaila Devi And Anr Respondent :- State Of U.P. And 4 Ors Counsel for Appellant :- Rahul Sahai Counsel for Respondent :- C.S.C.

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Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.

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Civil Misc. Delay Condonation Application No.1 of 2018 :

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This application has been filed for condoning the delay in filing the Special Appeal.

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In view of the averments made in the affidavit filed in support of the application under Section 5 of the Limitation Act, we are satisfied that the applicants were prevented by sufficient cause from preferring the Special Appeal within the period of limitation.

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The application is, accordingly, allowed and the delay in filing the Special Appeal is condoned.

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Order Date :- 28.5.2018 GS

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(Dilip Gupta,J.)

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(Neeraj Tiwari,J.)

M/S Kaila Devi and Anr. v. State of U.P. and 4 Ors.

Case brief

What is this about?

What did the court decide?

M/S Kaila Devi and Anr. v. State of U.P. and 4 Ors.

Case brief

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What did the court decide?

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