Court No. - 39
Case :- SPECIAL APPEAL DEFECTIVE No. - 319 of 2018 Appellant :- M/S Kaila Devi And Anr Respondent :- State Of U.P. And 4 Ors Counsel for Appellant :- Rahul Sahai Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
The writ petition filed by the appellant to assail the order cancelling the licence of the petitioner for the kerosene oil and the appellate order was dismissed.
Though number of submissions have been raised by learned counsel for the appellants, learned Standing Counsel points out that since the writ petition was directed against an appellate order also, the Special Appeal would not be maintainable under Chapter VIII Rule 5 of the Allahabad High Court Rules.
We find substance in the submissions made by learned Standing Counsel.
The writ petition filed by the appellants was directed against an appellate order. The Special Appeal would not be maintainable under Chapter VIII Rule 5 of the High Court Rules.
The Special Appeal is, accordingly, dismissed.
Order Date :- 28.5.2018 GS (Dilip Gupta,J.) (Neeraj Tiwari,J.)
Court No. - 39
Case :- SPECIAL APPEAL DEFECTIVE No. - 319 of 2018 Appellant :- M/S Kaila Devi And Anr Respondent :- State Of U.P. And 4 Ors Counsel for Appellant :- Rahul Sahai Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
Civil Misc. Delay Condonation Application No.1 of 2018 :
This application has been filed for condoning the delay in filing the Special Appeal.
In view of the averments made in the affidavit filed in support of the application under Section 5 of the Limitation Act, we are satisfied that the applicants were prevented by sufficient cause from preferring the Special Appeal within the period of limitation.
The application is, accordingly, allowed and the delay in filing the Special Appeal is condoned.
Order Date :- 28.5.2018 GS (Dilip Gupta,J.) (Neeraj Tiwari,J.)