Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 432 of 2015 Appellant :- Babai Respondent :- State Of U.P. And 16 Others Counsel for Appellant :- P.C. Singh Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Yashwant Varma,J.
Order on Civil Misc. Recall/Restoration Application No. 227126 of 2015:
Heard learned counsel for the applicant and the learned Standing Counsel for the State-respondents.
This application has been preferred for recall of the order dated 1 July 2015 passed in Special Appeal Defective No. 432 of 2015 and to restore it at its original number. Under the order aforesaid, a Division Bench dismissed an application of the petitioner preferred under Section 5 of the Limitation Act as being having no satisfactory explanation for causing delay.
We do not find any just reason to recall such an order and to restore the appeal at its original number. It is not in dispute that the appeal was barred by huge delay and only contention advanced by the learned counsel for the applicant was that certain other similar matters have already been adjudicated on merits.
For reasons given above, the application is dismissed.
Order Date :- 31.7.2019 Arun K. Singh (Yashwant Varma, J.) (Govind Mathur, C.J.)