Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 1001 of 2019 Petitioner :- Rajesh Kumar And Brothers Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Surendra Kumar Chaubey,Virendra Singh Parmar Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Civil Misc. Amendment Application No. of 2019 The amendments are formal in nature. Amendment application is allowed.
Let the necessary incorporation be made within the course of the day.
Order Date :- 25.2.2019 Himanshu
Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 1001 of 2019 Petitioner :- Rajesh Kumar And Brothers Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Surendra Kumar Chaubey,Virendra Singh Parmar Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the order of the first appellate court whereby it has allowed Section 5 application condoning delay in presentation of the first appeal under Section 96 of the Code of Civil Procedure. The reason given by the appellant seeking condonation of delay in presentation of the appeal has been found sufficient by the first appellate court.
The said decision is being assailed in the present petition with the assertion that day to day delay has not been explained by the appellant and further that the appeal was filed at an earlier point of time without paying proper court fees and it was returned by the first appellate court vide order dated 30.05.2018. The delay of three months in presentation of the instant appeal has not been sufficiently explained.
On the submission of learned counsel for the petitioner, noticing the fact that the trial court in exercise of its jurisdiction has taken a lenient view and condoned the delay in presentation of appeal so as to do substantial justice, this Court does not find any reason to invoke extraordinary supervisory jurisdiction under Article 227 of the Constitution of India to interfere in the same.
Dismissed as such.
Order Date :- 25.2.2019 Himanshu