Neutral Citation No. - 2025:AHC-LKO:1200 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4992 of 2012 Petitioner :- Matabux Singh U/A 227 Respondent :- District Judge Barabanki And Another Counsel for Petitioner :- P.S. Srivastava,P.C. Mishra,Pramatma Prasad Singh,R.N. Gupta,Sudhir Kumar Misra Counsel for Respondent :- Manish Kumar,Akhtar Abbas,Prashant Jaiswal,Syed Husain Abbas Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner. No one appears on behalf of the respondent. 2. The present petition has been filed challenging the order dated 04.08.2012 whereby, the delay condonation application filed by the petitioner seeking condonation of delay in filing the appeal, under Section 5 of the Limitation Act was dismissed. 3. The Appellate Court was of the view that there were delay of one year and seven months in filing the appeal, which was not explained properly. 4. The contention of learned counsel for the petitioner is that the petitioner came to know of the passing of the order only when a certified copy of the order was received as his son was unwell, he could not attend the suit proceedings. 5. Considering the said submission, the Appellate Court has taken a harsh view in dismissing the delay condonation application, as such the same cannot be sustained and is quashed. 6. The delay in filing the appeal is condoned, matter is remanded to the Appellate Court to decide the appeal filed by the petitioner in accordance with law with all expedition. 7. The petition stands disposed of in terms of above. Order Date :- 7.1.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench