SALIM versus BALDEO SINGH

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Salim v. Baldeo Singh - WRIT - C No. - 57818 of 2007 [2007] RD-AH 18272 (23 November 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. 6

Civil Misc. Writ Petition No. 57818 of 2007

Salim

Vs.

Baldeo Singh

*******

Hon. Dilip Gupta, J.

The petitioner is aggrieved by the order dated 26th May, 2007 passed by the learned Additional District Judge Court No. 8 by which the application filed by the plaintiff-respondent for setting aside the ex-parte judgment and decree dated 31st May, 2002 in Civil Appeal No. 1 of 2002 has been allowed and the Civil Appeal has been restored to its original number. The petitioner has also sought the quashing of the order dated 26th May, 2007, by which the Court has also set aside the order dated 8th January, 2002 by which the application filed under Section 5 of the Limitation Act in the said Civil Appeal was also allowed.

The father of the petitioner was a defendant in the Original Suit that had been filed for specific performance. The Suit was decreed ex-parte on 7th February, 1980 and after the death of his father the petitioner filed Civil Appeal No. 1 of 2002 along with an application under Section 5 of the Limitation Act. The Section 5 application was allowed on 8th January, 2002 and thereafter by the ex-parte judgment and decree dated 31st May, 2002 the Civil Appeal was allowed.

The plaintiff-respondent then moved an application for setting aside the ex-parte judgment and decree in Civil Appeal. An application under Section 5 of the Limitation Act was also moved. The application for condoning the delay was allowed and the restoration application was also allowed.

Learned counsel for the petitioner has not been able to point out any infirmity in the orders passed by the Court below which may warrant interference by this Court under Article 226 of the Constitution.

Learned counsel for the petitioner contended that in view of the peculiar facts and circumstances of this case, a direction may be given for early disposal of the application filed under Section 5 of the Limitation Act and the Civil Appeal.

Considering the facts and circumstances as set out in the petition, it is desirable that the application filed under Section 5 of the Limitation Act and the Civil Appeal may be decided expeditiously.

Accordingly, the writ petition under Article 226/227 of the Constitution is disposed of with a direction to the Trial Court to decide the application filed under Section 5 of the Limitation Act and the Civil Appeal expeditiously, preferably within a period of one year from the date a certified copy of this order is filed by the petitioner before the Court.

Date: 23.11.2007

NSC

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