Court No. - 27
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 1385 of 2018
Appellant :- Sonu Kumar And Another Respondent :- Praveen Kumar Saini And 2 Others Counsel for Appellant :- Suhas Subhash Mehta
Hon'ble Saral Srivastava,J. Order on order sheet.
Issue notice to the respondent nos. 1 to 3 by R.P./A.D. was fixing 05.02.2019.
Perused the office report dated 06.02.2019 which states that neither undelivered cover nor any acknowledgement due have returned after service of notice. Service of notice upon respondent nos. 1 to 3 is deemed to be sufficient.
Order on delay condonation application No. 1 of 2018.
The appeal is reported to be beyond time by 86 days.
Learned counsel for the appellants has filed the delay condonation application praying for condonation of delay in filing the appeal.
The appellants in the affidavit filed in support of the delay condonation application has averred that due to paucity of fund, the appeal could not be filed in time.
No counter affidavit has been filed by the respondents to the delay condonation application.
I have perused the affidavit filed in support of the delay condonation application.
Appellant has properly explained the delay in filing the appeal and delay in filing the appeal is bona fide and genuine.
Consequently, the delay in filing the appeal is condoned and the appeal shall be treated to have been filed in time.
The delay condonation application is allowed.
Office is directed to allot a regular number to the appeal.
Order on Appeal.
List on 8.3.2019 for admission.
Order Date :- 28.2.2019
M. ARIF