Court dismissed the delay condonation application and the appeal for non-prosecution as the appellant did not appear when summoned despite 554 days of delay.
Delay condonation application dismissed. Appeal dismissed.
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Court No. - 59
Case :- FIRST APPEAL DEFECTIVE No. - 27 of 2015
Appellant :- Executive Engineer U.P.S.I.C. Respondent :- Rajnath Singh And 2 Others Counsel for Appellant :- Anadi Krishna Narayana,Dhruva Narayana,Neeharika Singh Narayana
Hon'ble Surya Prakash Kesarwani,J.
This appeal has been filed beyond limitation by 554 days along with Delay Condonation Application and affidavit.
By order dated 28.2.2018, notices were directed to be issued to the respondents.
As per office report dated 27.3.2018, learned counsel for the appellant has not taken steps to serve the respondents.
Today, none appears on behalf of the appellant, even in the revised call.
In view of the aforesaid, the delay condontion application is dismised for non-prosecution. Consequently, the appeal is also dismissed.
Order Date :- 14.5.2019 Ak/
2 issues framed by the court
Whether the delay condonation application should be allowed considering non-prosecution and appearance of the appellant.
What is the appropriate disposal of the appeal filed beyond limitation by the appellant in absence.
Executive Engineer U.P.S.I.C.
Rajnath Singh And 2 Others
Surya Prakash Kesarwani
As recorded by the court registry
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