Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2949 of 2018 Petitioner :- Jamuna Prasad Respondent :- Suraj Bali And 2 Others Counsel for Petitioner :- Shiv Shankar Shukla Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed with the following prayer:-
"a) Set aside the order dated 09.04.2013 passed by the Additional District Judge (Ex Cadre) Court No. 23, Allahabad, in Revision No. 3 of 2009 (Jamuna Prasad vs. Suraj Bali and 2 others) and order dated 20.11.2008 passed by the Munsif (East), Allahabad in Amendment Application Under Order 6 Rule 17 of C.P.C. in Suit No. 327 of 1991 (Jamuna Prasad Versus Suraj Bali and 3 others) (Annexure No. 5 and 3 respectively to this petition).
b) .....
c) "
The Stamp Reporter has reported laches of 4 years and 289 days.
By the impugned order dated 21.11.2008 the application filed by the petitioner under Order 6 Rule 17 CPC for amendment was rejected. The revision filed against the same was also dismissed vide order dated 9.4.2013.
The explanation for such huge delay has been given in paragraph 9 of the writ petition, which is quoted as under:-
"9. That local counsel of plaintiff-petitioner could not tell about the order dated 09.04.2013, he some how or other by rumour of villagers it came into the knowledge about order dated 09.04.2013 only on 30.03.2018 and immediately applied for certified copy of order dated 09.04.2013 and 20.11.2008 to file petition before this Hon'ble Court, therefore delay has been occurred only lack of knowledge, therefore delay if any in filing present petition may kindly be condoned."
The suit is of the year 1991. The sale deed was executed by mother of the petitioner in the year 1975 when he was about 3-4 years.
Under such circumstances, I do not find any good ground to entertain the present petition. Present petition is accordingly dismissed on the ground of laches.
Order Date :- 30.4.2018 Lalit Shukla