Counsel heard on a condonation application under Section 5 of the Limitation Act. The bench satisfied itself that sufficient cause prevented filing within the limitation period. The application is allowed, condoning the delay.
The application for condonation of delay in filing Special Appeal is allowed.
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Court No. - 39
Case :- SPECIAL APPEAL DEFECTIVE No. - 33 of 2018
Appellant :- State Of U.P. Respondent :- Umme Safia Faridi And Others Counsel for Appellant :- Mr Pranesh Dutt Tripathi Counsel for Respondent :- Mr Siddharth Khare,Mr Man Bahadur Singh
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
Civil Misc. Delay Condonation Application No.1 of 2018
Heard learned counsel for the parties.
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 applicant was prevented by sufficient cause from preferring the Special Appeal within the period of limitation.
The application is, accordingly, allowed and the delay in filing the Special Appeal is condoned.
Order of memo of Appeal
Dismissed.
For orders, see order of date passed in Special Appeal No.648 of 2017 (State of U.P. Thru' Secy. Basic Education Govt. Of U.P. Vs. Neeraj Kumar Pandey & 4 Other).
Order Date :- 12.4.2018 Junaid
(Dilip Gupta,J.)
(Neeraj Tiwari,J.)
2 issues framed by the court
Whether delay in filing the Special Appeal can be condoned under Section 5 of the Limitation Act.
Whether sufficient cause was shown for condoning the delay.
1 provisions across 1 enactments
State Of U.P.
Umme Safia Faridi And Others
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
