High Court of Judicature at Allahabad
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Ghasite v. Addl. District Judge, Bijnor & another - WRIT - C No. 9244 of 2006  RD-AH 3514 (15 February 2006)
Hon'ble Umeshwar Pandey, J.
Heard learned counsel for the petitioner and Sri Faneesh Mishra, learned counsel for the respondent No. 2.
This petition has been preferred against the order dated 25.1.2006 passed by the appellate court rejecting the application for condonation of delay given under Section 5 of Indian Limitation Act.
The appeal was said to be beyond time by eight days and the court below, after having found the explanation given by the petitioner as unsatisfactory, rejected the prayer for such condonation of delay. The judgment in the original suit against which an appeal was preferred was delivered on 25.1.2005 and application for copy of judgment and decree was given on 5.2.2005 of which notice for preparation of copy was received by the petitioner on 11.2.2005. The copy has been received only on 23.2.2005. Thereafter the appeal was filed on 09.03.2005.
A perusal of the decree (Annexure No. 2) shows that it has been signed by the Presiding Officer on 08.02.2005 from which date if the calculation is made the appeal appears to be filed within time on 09.03.2005. Therefore, the appeal itself appears to have been filed within time and it should have been accepted as such if it is otherwise also maintainable. Thus, the order impugned passed by the court below requires interference in this petition, which is allowed and the order dated 25.1.2006 passed by the Addl. District Judge, Court No. 4, Bijnor, is hereby set aside. The appellate court will look into the entire aspect of the matter and proceed further in accordance with law.
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