Writ petition filed under Article 227 seeking quashing of an order rejecting a recall application and condonation of delay in a civil suit context. The court found extraordinary delay and lack of evidence regarding illness insufficient for interference.
Petition under Article 227 dismissed; quashing of the impugned order refused.
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Neutral Citation No. - 2023:AHC:137747
Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 4516 of 2023
Petitioner :- Abdul Tarique (Since Dead) And 3 Others Respondent :- Suresh Kumar Counsel for Petitioner :- Lihazur Rahman Khan,Araf Khan
Hon'ble Jayant Banerji,J.
been rejected by the order impugned.
Order Date :- 12.7.2023 SK
(Jayant Banerji, J.)
Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should interfere under Article 227 to quash an order rejecting a recall application filed with condonation of delay.
Whether the lack of evidence regarding the petitioner's illness justifies setting aside the dismissal of the recall application.
2 provisions across 2 enactments
Abdul Tarique and 3 Others
Suresh Kumar
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
