WPMS/1461/2023
2023 Latest Caselaw 2964 UK

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                                     WPMS No.1461 of 2023
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Mohd. Umar, Advocate, holding brief of Mr. Mohd. Allauddin, Advocate, for the petitioner.

Mr. V.K. Gemini, Deputy Advocate General, for the State of Uttarakhand.

In the present writ petition, the petitioner has put a challenge to the order dated 27.03.2023, as it was passed in Miscellaneous Case No.07 of 2023, "Surendra Vs. Adesh Kumar", whereby in an appeal preferred by him against the judgment and decree of 30.01.2017, as rendered in Suit No.114 of 2009, "Adesh Kumar Vs. Surendra", the appeal accompanied an application under Order 41 Rule 3A of CPC, for seeking condonation of the delay in filing the appeal. The said application for condonation of the delay has been rejected.

Consequential affect of the rejection of the delay would be that the appeal too automatically stand dismissed. Thus the order dated 27.03.2023, takes a shape of the decree because it is affirming the trial court judgment and decree. The order rejecting the delay condonation application since is having an affect of consequential dismissal of the appeal, the same would be appealable under section 100 of CPC. Thus, the writ petition would not be maintainable. The same is accordingly dismissed with the liberty to file an appeal.

(Sharad Kumar Sharma, J.) 05.10.2023

NR