HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 22 Case :- SECOND APPEAL DEFECTIVE No. - 417 of 2014 Appellant :- Awadhesh Kumar And Ors. Respondent :- Smt. Naimunnisha And Another Counsel for Appellant :- P.S.Mehra,Lalit Kishore Tiwari Hon'ble Mahendra Dayal,J.
(C.M. Application No. 129765 of 2014) This is an application for condonation of delay in filing second appeal. The appeal is beyond time by 21 days.
By the order dated 19.12.2014, notice was issued to the opposite parties, which was served upon them and in pursuant thereof Shri Lalit Kishore Tiwari Advocate has filed Vakalatnama on their behalf. But no one is present for the respondents. Heard Shri P.S. Mehra and perused the contents of affidavit filed in support of application for condonation of delay. It has been submitted that in para 7 of the affidavit it has been stated that appellant no.2 who was doing pairvi of the case, was ill and on complete bed rest, the appeal therefore could not be filed within time. There is no objection against the application for condonation of delay. I find sufficient grounds shown in the affidavit.
Application for condonation of delay is allowed and delay in filing the second appeal is condoned. Office is directed to allot regular number of the second appeal.
List for hearing on admission in the third week of January, 2016.
Order Date :- 9.12.2015 Muk