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RAM LAKHAN & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Ram Lakhan & Others v. State Of U.P. & Others - WRIT - C No. - 60839 of 2007 [2007] RD-AH 18774 (11 December 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

Hon. Dilip Gupta, J.

Learned Standing Counsel appears on behalf of the contesting respondent Nos. 1 and 2. He prays for and is granted four weeks' time to file a counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List for admission/hearing after the expiry of the aforesaid period.

It has been urged by the learned counsel for the petitioners that Misc. Appeal that had been filed for setting aside the order passed by the Trial Court granting temporary injunction to the plaintiff was beyond time but without there being any application under Section 5 of the Limitation Act, the Court below has condoned the delay exercising the powers under Section 151 CPC which could not have been done in view of the decision of the Supreme Court in Ragho Singh Vs. Mohan Singh and others 2000 (91) RD 689.

In view of the above, further proceedings in Misc. Appeal No. 48/74 of 2007 pending before the learned District Judge, Kaushambi shall remain stayed till the next date of listing.

Dt/- 11.12.2007

Sharma/60839


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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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