Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2911 of 2019 Petitioner :- Abdul Sattar Respondent :- Satru Sampatti Abhirachak And 3 Others Counsel for Petitioner :- Arun Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and perused the record.
Present petition has been filed challenging the order dated 26.2.2019 passed by the District Judge Kanpur Nagar Dehat in Misc. Appeal No. 248/74/2018 (Satru Sampati vs. Abdul Sattar and others).
By the impugned order, an application under Section 5 of Limitation Act filed by the defendants-respondents herein while preferring Civil Appeal against the exparte judgement has been allowed on the ground that cause shown is sufficient as the written statement was not filed under the signature of Satru Sampatti Abhirachak, Government of India and the same was filed by Tehsildar only and the DGC who are not authorized to present the applicant.
Challenging the submission of learned counsel for the petitioner is that notices were duly served on the respondents and day-to-day explanation has not been given for the purpose of condoning the delay. He submitted that DGC (Civil) has filed written statement and contested the matter and therefore, it cannot be said that there was not service on the defendants- respondents.
I have considered the submissions of learned counsel for the petitioner.
It is settled that although the delay should be sufficiently explained and it is not necessary to explain the delay on day-to-day basis. Cause shown for delay in filing the appeal was that the applicant was never informed by the authority concerned about the pendency of the case and in case of knowledge the suit could have been defended through counsel appointed by the Union of India and therefore, it is after knowledge of the decree the application was filed.
There is no doubt that there is a delay in filing the appeal, however, once the cause for non-appearance is sufficient and the delay has already been condoned by the Court below,I do not find any good ground to interfere in the impugned order.
Present petition is accordingly dismissed. No order as to costs.
Order Date :- 30.4.2019 Abhishek