Dilip Kumar And Another vs State Of U P And 5 Others
2019 Latest Caselaw 1437 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1893 of 2019
 

 
Petitioner :- Dilip Kumar And Another
 
Respondent :- State Of U P And 5 Others
 
Counsel for Petitioner :- Rajesh Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Kumar Gupta,J.

It is urged that respondent no.2 had filed an affidavit before the Tax Superintendent, Nagar Nigam, Allahabad admitting that Original Suit No.703 of 2006 filed by her was dismissed by judgement dated 23.4.2016. She filed appeal against the same judgement alongwith delay condonation application in October 2018 in which she took a false plea that she came to know of judgement passed in the suit from one of her relatives. The appellate court, without considering the said aspect and without recording any specific finding regarding sufficiency of cause for not being able to file appeal in time, allowed the delay condonation application.

Issue notice to respondents 2 to 6 fixing a date in the fourth week of April, 2019.

Steps to serve these respondents shall be taken within two weeks by registered post.

Counter affidavit, if any, be filed by the next date.

(Manoj Kumar Gupta, J.)

Order Date :- 15.3.2019

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