State Of U.P. (U/S 378) vs Abhai Raj Singh And 5 Ors.
2014 Latest Caselaw 2041 ALL

Citation : 2014 Latest Caselaw 2041 ALL
Judgement Date : 26 May, 2014

Allahabad High Court

State Of U.P. (U/S 378) vs Abhai Raj Singh And 5 Ors. on 26 May, 2014

Bench: Imtiyaz Murtaza, Devendra Kumar Upadhyaya




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- U/S 482/378/407 No. - 1457 of 2004
 

 
Applicant :- State Of U.P. (U/S 378)
 
Opposite Party :- Abhai Raj Singh And 5 Ors.
 
Counsel for Applicant :- H.A.Alvi
 

 
Hon'ble Imtiyaz Murtaza,J.

Hon'ble Devendra Kumar Upadhyaya,J.

Pursuant to the order dated 12.3.2014, Special Secretary, Law (Incharge-Litigation), Government of U.P., Sri Rang Nath Pandey is present in person.

The affidavit dated 28.4.2014 sworn in by Section Officer in the Department of Law, Government of U.P., has been filed in support of the application under Section 5 of the Limitation Act, seeking condonation of delay in filing the petition. The said affidavit be taken on record.

In paragraph 5 of the aforesaid affidavit it has been stated that in respect of filing of affidavit in support of Section 5 application, a letter dated 15.10.04 was received from the office of Government Advocate in the office of Law Department, which was responded to on 28.8.05 i.e. after a gap of about 11 months. No explanation for such a delayed response to the office of the Government Advocate has been offered. It has further been stated in the said affidavit that pursuant to the letter dated 15.10.04, by means of a letter dated 28.9.05, the then Review Officer was instructed to get the affidavit prepared and filed with a request to the office of Government Advocate, however, for certain reasons, the said affidavit could not be filed and further that the delay which has occurred is not deliberate.

When enquired from Sri Pandey, he submitted that appropriate steps are being taken to ensure that affidavits/counter affidavits and other requisite pleadings are filed within time through the office of Government Advocate before this Court in all matters.

Let this case be listed on 14.7.2014 on which date Sri Pandey shall again be present before the Court. During this period, let an effective mechanism be evolved by the Law Department to ensure and monitor regularly, filing of pleadings before this Court in all matters in which the State is a party. The decision so taken/scheme so evolved by the Law Department shall be placed before the Court on the next date of listing.

Order Date :- 26.5.2014

MFA/-