KESHAV RAM and 4 OTHERS v. DISTRICT JUDGE SHRAVASTI and ANOTHER
A227/5782/2012 · 2025-01-07
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114670 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114670 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1108 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 5782 of 2012 Petitioner :- Keshav Ram And 4 Others Respondent :- District Judge Shravasti And Another Counsel for Petitioner :- Afzal Hasan Counsel for Respondent :- Manish Kumar,R.P. Dwivedi Hon'ble Pankaj Bhatia,J.
1. None has appeared for the respondent.
2. Heard learned counsel for the petitioners.
3. Present petition has been filed challenging the order dated 13.08.2012 whereby the delay condonation application filed alongwith the appeal was rejected mainly on the ground that the appeal was filed after four years of the cause of action arising.
4. The ground taken by the petitioner in the delay condonation application was that the petitioner was suffering from jaundice because of which he had become very weak and thereafter, on account of financial hardship, he had to go to Panjab for working, as such, there was delay. The appellate Court disbelieved the said version and held that the delay of four years was not believable and the appeal was dismissed.
5. Considering the fact that the petitioner is a poor person, the view taken by the appellate Court is unduly harsh, as such, the
order dated 13.08.2012 is quashed. Delay in filing the appeal is condoned.
6. The appellate authority shall now decide the appeal on merits with all expedition, in accordance with law.
7. Present petition stands allowed in above terms.
Order Date :- 7.1.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench