Bhagirathi Singh vs State Of U.P. And 7 Others
2022 Latest Caselaw 12687 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7703 of 2022
 

 
Petitioner :- Bhagirathi Singh
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Jigyasa Singh
 
Counsel for Respondent :- C.S.C.,Arvind Kumar Tiwari
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for the petitioner and Sri Arvind Kumar Tiwari, learned counsel for the respondent no.2 and perused the record.

Present petition has been filed challenging the order dated 11.07.2022 passed by the appellate Court dismissing the delay condonation application which was registered as Civil Misc.No. 58 of 2021.

The facts of the case are that the suit of the respondent-plaintiff was decreed by order dated 01.02.2001. Against the said order an appeal was filed by the petitioner on 15.09.2021 along with the delay condonation application. The said delay condonation application is dismissed by the appellate court.

Learned counsel for the petitioner submits that the Supreme Court by order dated 10.01.2022 passed in Misc. Application No.21 of 2022 filed in Suo Moto Writ Petition No.(C) No.3 of 2020 (In Re: Cognizance for Extension of Limitation) had extended the period of limitation till 28.02.2022 due to the COVID circumstances. The present case was squarely covered by the aforesaid judgment of the Supreme Court and, therefore, the appeal of the petitioner/appellant was to be treated within time, however, the appellate Court has wrongly rejected the delay condonation application.

Learned counsel for the respondents could not dispute the aforesaid position.

In view thereof, the order dated 11.07.2022 passed by the appellate Court is hereby set aside. The delay condonation application pending before the appellate Court is allowed. The appellate Court is directed to register the appeal and hear the same on merits.

The petition is allowed.

(Vivek Chaudhary,J.)

Order Date :- 12.9.2022

Arjun/-