Dismissed¶13

Ziya-Ul-Haq v. Mohd. Irfan and 2 Others

Allahabad HC30 May 2025CMRAD/104/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench (Court No. 11) — Civil Misc. Review Application (Defective) No. 104 of 2025, Ziya-Ul-Haq v. Mohd. Irfan and 2 Others, decided 30.05.2025 by Rajnish Kumar, J. Review of rejection of condonation of 598 days' delay in filing First Appeal From Order (Defective) No. 212 of 2019; grounds held to have been considered with the applicable law; no error apparent on face of record; review dismissed as misconceived and baseless. Keywords: condonation of delay, review jurisdiction, error apparent on face of record, First Appeal From Order.

What did the court decide?

Only the delay in filing the review application was condoned (C.M. Application I.A. No. 1 of 2025); the substantive prayer to review the rejection of condonation of delay in filing the appeal was refused. ¶13

Ziya-Ul-Haq Vs Mohd. Irfan and 2 Others — Allahabad HC (2025) — LawSathi Research

¶1

Neutral Citation No. - 2025:AHC-LKO:33594

¶2

Court No. - 11

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Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 104 of 2025

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Applicant :- Ziya-Ul-Haq Opposite Party :- Mohd. Irfan And 2 Others Counsel for Applicant :- Manoj Kumar Awasthi,Himanshu Raghave

¶5

Hon'ble Rajnish Kumar,J.

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C.M.Application I.A.No.1 of 2025

¶7

Heard.

¶8

On due consideration of the submissions and the grounds shown in the affidavit filed in support of the application for condonation of delay, the application is allowed and the delay in filing the review application is condoned.

¶9

In Re; Review Application

¶10

Learned counsel for the applicant submits that the application for condonation of delay filed by the applicant has been rejected by means of the order under review without considering the grounds taken by the applicant and taking a lenient view, therefore, he prays that the order may be reviewed and the application for condonation of delay in filing the First Appeal From Order (Defective) may be allowed.

¶11

Having considered the submissions of learned counsel for the applicant and going through the order under Review dated 25.09.2024 passed in First Appeal From Order (Defective) No.212 of 2019; Ziya-Ul-Haq Versus Mohd.Irfan and Ors. it is apparent that there was a delay of 598 days in filing the appeal and no sufficient ground for condonation of delay was given in the application as reproduced in the order itself, what to say of sufficient ground. The application has been considered and

¶12

decided after considering the grounds raised by the applicant and the law on the issue in accordance with law. There is no error apparent on face of record, which may call for review of the order. Thus the review application has been filed with misconceived and baseless grounds, which is liable to be dismissed.

¶13

The review application is, accordingly, dismissed.

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............................................... (Rajnish Kumar,J.)

¶15

Order Date :- 30.5.2025 Banswar

¶16

Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench

Ziya-Ul-Haq v. Mohd. Irfan and 2 Others

Case brief

What is this about?

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Ziya-Ul-Haq v. Mohd. Irfan and 2 Others

Case brief

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