Virsh Bhan Sharma vs State Of U.P. And 6 Others
2021 Latest Caselaw 1272 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 49 of 2021
 

 
Appellant :- Virsh Bhan Sharma
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Appellant :- Javed Husain Khan,Gulrez Khan,Sr. Advocate Sri W.H. Khan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

By this appeal, a challenge is made to the judgment dated 9.1.2019 whereby the writ petition preferred by the petitioner was dismissed.

An application for condonation of delay has been filed. Delay in filing this appeal is of more than 700 days i.e. about two years.

Learned counsel for the appellant showed reference to para-2 of delay condonation application to justify the delay. Para-2 of the affidavit shows that appellant fell ill in March 2019 as he was suffering from Pneumonia and before he could fully recover, suffered fracture in the leg, which took about two or three months in recovery. To support the affidavit, medical certificate dated 07.11.2019 has been submitted. No document to show sufferance of the appellant from Pneumonia and treatment thereupon has been enclosed.The medical certificate is of November 2019, where as judgment is dated 09.01.2019.

In view of the above, the delay of 700 days in filing the appeal cannot be condoned. It is when period of 30 days has been provided for filing an appeal. It expired in the month of February 2019 itself as no application to obtain certified copy was filed. The lock down was impposed on 23rd March 2020 thus there was no reason to not submit an application to obtain certified copy of the order. Thus the exemption from supplying the certified copy cannot be granted. It has been permitted after imposition of lock down due to Covid-19.

The judgment in this case is almost one year two months prior to the lock down. Thus even the exemption from serving the certified copy cannot be granted thus appeal remains defective.

For all the reasons given above, we find no ground to condone the delay of 700 days in filing the appeal.

The appeal is accordingly dismissed along with application for condonation of delay.

Date :- 20.1.2021

Ashish Pd.