Manoj Kumar And 4 Others vs Vinod Kumar And 3 Others
2021 Latest Caselaw 11118 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1510 of 2020
 

 
Petitioner :- Manoj Kumar And 4 Others
 
Respondent :- Vinod Kumar And 3 Others
 
Counsel for Petitioner :- Dalvir Singh,Rahul Pandey
 

 
Hon'ble Ajay Bhanot,J.

Ref: Civil Misc. Correction Application No. 05 of 2021

Heard.

Correction application is allowed.

Necessary correction has been incorporated in the order dated 31.08.2021. The correct order shall read as under:

"(Order on Civil Misc. Amendment Application 2 of 2020)

Heard.

The amendment application is allowed.

The amendment shall be carried out during the course of the day.

Learned counsel for the petitioner shall get the amended prayer clause typed in red ink and append it to the prayer clause in the writ petition.

(Order on Civil Misc. Correction Application No. 3 of 2020)

Heard.

Correction application is allowed.

Necessary corrections have been incorporated in the order dated 25.02.2020. The correct order shall read as under:

"By order dated 07.12.2019, passed by the learned Additional District and Sessions Judge, Firozabad in Misc. No. 78 of 2018, Vinod and others Vs. Manoj and others, the delay condonation application filed by the respondents has been allowed and the appeal has been entertained.

Learned counsel for the petitioners Shri Dalvir Singh submits that the benefit of Section 14 of the Limitation Act cannot be granted at the stage of an appeal.

Learned counsel for the petitioner relies on a judgment rendered by this Court in Mohiuddin and others Vs. Appellate Authority For Industrial and Financial Reconstruction and others, reported at 2015 (113) ALR 406. This Court while construing the ambit of Section 14 of the Limitation Act held thus:

"A bare reading of the aforesaid provision reveals that in computing the period of limitation for filing a suit or an application the time spent in any other court in good faith may be excluded. The word 'suit' used in Section 14(1) of the Limitation Act and 'application' in 14(2) of the Limitation Act are relevant and important, inasmuch as the provisions of Section 14 of the Limitation Act aforesaid is only for computing the period of limitation for filing a suit or application and not for filing any appeal or revision etc. It does not apply for computation of period of limitation for filing an appeal by excluding the time spent by a party in prosecuting an alternative remedy before a court having no jurisdiction over the matter."

Matter needs consideration.

Issue notice to the respondents by RPAD, Speed Post as well as by regular process, returnable within a period of four week.

Steps to be taken within one week.

List thereafter.

Till the next date of listing, the proceedings of Civil Appeal No. 33 of 2019, Vinod and others Vs. Manoj and others, shall remain stayed."

Order Date :- 21.9.2021

Dhananjai