Ram Nakul vs State Of U.P. And 4 Others
2021 Latest Caselaw 1657 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 1310 of 2020
 

 
Appellant :- Ram Nakul
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Appellant :- Shiva Nand Pandey,Swarn Lata Suman
 
Counsel for Respondent :- C.S.C.,Ram Pravesh Pandey
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Order on Exemption Application

The application seeking exemption from filing certified copies of the order of the High Court is allowed.

The defect stands cured.

Order on Memo of Appeal

Heard on the application for condonation of delay involving the appeal.

There is delay of 439 days in filing of the appeal. The affidavit enclosed along with the application shows that after hearing the writ petition on 21.08.2019, order was reserved by the learned Single Judge. The judgment was pronounced on 03.09.2019, after showing it in the cause list but it was not noticed by the appellant. In the month of March, 2020, lock down due to COVID-19 was imposed and counsel for the appellant could know about the dismissal of the writ petition on 03.12.2020. The application is quite vague as it does not show as to how the counsel could know about the judgment on 03.12.2020. It is nothing but an artificial date created by the appellant as otherwise mistake in noticing the date of pronouncement of the judgment has been admitted by the appellant.

Taking the fact aforesaid into consideration, the application for condonation of delay cannot be allowed. The delay is more than a year and otherwise the complete information about date of listing or disposal of the petition remains available on internet. Thus even one is not required to visit the High Court or even to contact the lawyer for the aforesaid. Even for the lawyers, all informations remain available on internet. Thus delay of more than one year cannot be ignored or condoned on the grounds urged by the appellant.

Accordingly, the application for condonation of delay is dismissed. In the result, the appeal is also dismissed.

Order Date :- 27.1.2021

Ashish Pd.