Ram Nayan Yadava And Another vs State Of U.P. And Others
2011 Latest Caselaw 1352 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - C No. - 23722 of 2011
 

 
Petitioner :- Ram Nayan Yadava And Another
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Rahul Jain
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

Learned counsel for the petitioners submitted that the petitioners are plaintiffs in the suit. They filed an application for permanent injunction. The suit was decreed in the year 1991. The respondents filed an application under Order 9 Rule 13 C.P.C. along with an application under Section 5 of the Limitation Act, which has been rejected. Thereafter, the respondents filed an appeal, which has been allowed and the matter has been remanded back to the trial court to decide the application afresh. The trial court rejected the application under Section 5 of the Limitation Act and consequently the application under Order 9 Rule 13 C.P.C. Against the said order, the respondents filed an appeal which has been allowed by the impugned order. He submitted that no appeal lies against the order rejecting the application under Section 5 of the Limitation Act and, therefore, the impugned order is patently illegal.

Learned Standing Counsel has accepted notices on behalf of respondent nos. 1 and 2. Issue notice to respondent nos. 3,4,5 and 6 returnable at an early date. The petitioners may take steps to serve the respondents within 10 days.

List in the week commencing 4.7.2011.

Till the next date of listing, the proceeding of suit shall remain stayed in pursuance of the order dated 16.12.2010 passed by the Additional District Judge, Azamgarh in Misc. Appeal No. 314 of 2008 (The Managing Committee, Adarsh Uchchattar Madhyamik Vidyalaya, Handia and others Vs. Kailash Yadav and others).

Order Date :- 25.4.2011

OP