Sant Prasad & Others vs Chandrashekhar Pandey
2016 Latest Caselaw 1362 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- SECOND APPEAL No. - 459 of 2010
 

 
Appellant :- Sant Prasad & Others
 
Respondent :- Chandrashekhar Pandey
 
Counsel for Appellant :- C.B. Prasad,V.K.Dwivedi
 

 
Hon'ble Pramod Kumar Srivastava,J.

Heard learned counsel for the parties on disposal of delay condonation application no. 356529 of 2010 in filing the second appeal and perused the order dated 18.11.2010 passed by this Court in Writ-C No. 66807 of 2010 wherein at the time of dismissal of writ petition it was opined that appropriate remedy is filing of a  second appeal. The total delay in filing the second appeal is 33 days and for the remedy sought in second appeal, aforesaid writ was filed. The appellant appears entitled for benefit of Section 14 of the Limitation Act. The grounds mentioned in delay condonation application appears sufficient. Therefore the said application is allowed. The delay in filing second appeal is condoned. Office is directed to assign regular number to this second appeal.

List this case on 19th May, 2016 for hearing on the point of admission of second appeal.

Order Date :- 11.4.2016

Sanjeev