Single judge dismissed an application for condonation of delay in filing a first appeal, holding lack of legal knowledge and financial crisis insufficient grounds.
Condonation of delay application dismissed; First appeal dismissed accordingly. Order dated 23.5.2024
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Court No. - 5
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 36 of 2024
Appellant :- Gyan Singh Respondent :- Vijay Expressway Engineers Ltd., Sultanpur Thru. Manager And Others Counsel for Appellant :- Rajesh Trivedi Counsel for Respondent :- Shashank Srivastava
Hon'ble Rajnish Kumar,J.
(C.M. Application No.1 of 2024)
Heard Shri Rajesh Trivedi, learned counsel for the appellant and Shri Shashank Srivastava, learned counsel for the respondent no.2. None has put in appearance on behalf of the other respondents, whereas the notices have been deemed sufficient.
The office has reported the delay of 90 days in filing the appeal. The only explanation given in the application for condonation of delay is in paragraph-3, which is extracted here-in-below:-
"That the appellant could not approach in time to this Hon'ble High Court and in filing of the present F.A.F.O. some delay has been caused, which is not deliberately made, but it is lack of legal knowledge and some financial crises of the appellant".
The aforesaid explanation indicates that no reason has been given for the delay of 90 days except that the lack of legal knowledge and some financial crises. Lack of legal knowledge can not be a ground. In regard to other ground nothing has been shown. therefore delay can not be condoned.
The application is dismissed accordingly.
Consequently, the appeal is dismissed .
...................................................................(Rajnish Kumar, J.) Order Date :- 23.5.2024 Haseen U.
Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether condonation of delay of 90 days in filing the appeal on grounds of lack of legal knowledge and financial crisis is maintainable.
Gyan Singh
Vijay Expressway Engineers Ltd.
Rajnish Kumar
As recorded by the court registry
3 orders share this CNR
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