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HANS RAJ SINGH versus UNION OF INDIA AND ANOTHER

High Court of Judicature at Allahabad

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Hans Raj Singh v. Union Of India And Another - SPECIAL APPEAL DEFECTIVE No. - 649 of 2007 [2007] RD-AH 17210 (31 October 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Civil Misc. Delay Condonation Application No.174516 of 2007

In re:

Special Appeal (Defective) No. 649 of 2007

Hans Raj Singh vs. Union of India and another

*****

Hon'ble H.L.Gokhale,CJ

Hon'ble Rakesh Tiwari,J

Date: October 31, 2007

P.C.

1. Heard the appellant in person.

2. The appeal is filed some nine years and 16 days much beyond the period of limitation for filing the appeal. Application is moved for condonation of delay in filing the appeal.

3. Mr. Ashok Singh, learned counsel, appearing for the Union of India, opposes the application for condonation of delay. He points out that the original order of discharge of the appellant from the Defence Service was passed way back in the year 1963-64. He filed the writ petition some thirty years thereafter in the year 1996 claiming disability pension. Learned Single Judge went through the counter affidavit filed by the respondents and noted that the disability of the petitioner/appellant was neither attributable to nor aggravated by the Air Force Service and, therefore, rejected the application. Mr. Ashok Singh, submitted that there is no reason to condone the delay of over nine years. There is no explanation as such as to how the delay should be condoned.

4. We accept the objection of Mr. Ashok Singh. The application for condonation of delay is rejected. There is otherwise nothing on merits in the appeal. The appeal will stand dismissed consequently.

Dt/-31.10.2007

RK. (Chief Justice)

(Rakesh Tiwari, J.)


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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