Sheetala Prasad Jain vs Uttam Chand Jain
2022 Latest Caselaw 1868 ALL

Citation : 2022 Latest Caselaw 1868 ALL
Judgement Date : 29 April, 2022

Allahabad High Court

Sheetala Prasad Jain vs Uttam Chand Jain on 29 April, 2022

Bench: Salil Kumar Rai




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 761 of 2009
 

 
Petitioner :- Sheetala Prasad Jain
 
Respondent :- Uttam Chand Jain
 
Counsel for Petitioner :- K.K. Tiwari
 
Counsel for Respondent :- R.P. Tiwari
 

 
Hon'ble Salil Kumar Rai,J.

The present petition has been filed challenging the order dated 11.12.2008 passed by the Special Judge, S.C.S.T Act, Jhansi dismissing the application of the petitioner filed under Section 5 of the Limitation Act whereby the petitioner had prayed to condone the delay in filing the appeal against the decree of the trial court.

In view of the judgment of the Supreme Court reported in Shyam Sundar Sarma Vs. Pannalal Jaiswal and Others, (2005) 1 SCC 436, the petitioner has the remedy to file an appeal and therefore, the petition is not maintainable.

The petitioner may exercise any other remedy available to him in law against the impugned order.

The petition is dismissed.

Order Date :- 29.4.2022