Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 4703 of 2019 Petitioner :- Raja Babu And Another Respondent :- Dasrath Prasad (Since Deceased) And 72 Others Counsel for Petitioner :- Pankaj Kumar Shukla
Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 03.05.2019, the Appellate Court has allowed the application under Section 5 of the Limitation Act and has condoned the delay in filing appeal, subject to payment of cost of Rs. 1000/-. The delay in filing appeal was only of 112 days.
The appeal was against the preliminary decree passed in a partition suit. According to the appellants since final decree has yet not been prepared, therefore, he was advised by his previous counsel that appeal could be filed any time before preparation of the final decree. The court has accepted the explanation submitted by the appellants- respondents for not being able to file appeal within limitation prescribed by law.
This Court, in exercise of supervisory power under Article 227 of the Constitution, is not inclined to interfere with such an order.
The petition is consequently dismissed. Order Date :- 25.7.2019 VR (Manoj Kumar Gupta, J.)