Iqlakh vs Zahid Ali
2013 Latest Caselaw 1347 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 27
 

 
Case :- SECOND APPEAL DEFECTIVE No. - 176 of 1991
 

 
Petitioner :- Iqlakh
 
Respondent :- Zahid Ali
 
Petitioner Counsel :- A.R. Dubey
 
Respondent Counsel :- Namwar Singh
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Heard Sri A.R. Dubey, learned counsel for the appellant.

This is a defective appeal. An application under Section 5 of the Limitation Act has been filed which is not accompanied by any affidavit. While issuing notice on application under Section 5 of the Limitation Act notices were issued  on stay application on 24.9.1991 and an interim order restraining the defendants from making further constructions on the land in dispute till further orders of this Court was passed.

This Court is of the opinion that as the defect in filing the appeal has not been removed, the appeal itself could not be entertained and the interim order could not have been passed while issuing notice on the application under Section 5 of the Limitation Act, moreover when the application  is not accompanied by any  affidavit explaining  reasons for delay.

Learned counsel for the appellant prays for and is allowed ten days' time to file an affidavit in support of application under Section 5 of the Limitation Act.

Interim order granted on 24.9.1991 is hereby vacated.

Order Date :- 25.4.2013

P.P.