Neutral Citation No. - 2025:AHC-LKO:25575 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 24403 of 2018 Petitioner :- Madhav Prasad Respondent :- State Of U.P. Thru. District Magistrate Gonda And Ors. Counsel for Petitioner :- Kamal Kant Singh,Ravindra Nath Mishra Counsel for Respondent :- C.S.C.,Vinod Kumar Singh Hon'ble Pankaj Bhatia,J. 1. Present petition has been filed challenging the order dated 03.08.2017 whereby the delay condonation application was rejected and the consequent miscellaneous appeal was also dismissed. 2. Submission of learned counsel for the petitioner is that in the suit filed against the petitioner, name of the defendant was wrongly shown which led to passing of an ex-parte decree. The petitioner moved an application seeking recall of the decree which was passed ex-parte, however, the application under Order 9 Rule 13 of CPC was dismissed vide order dated 03.11.2012. Thereafter, the petitioner preferred an appeal which as numbered as Misc. Civil Appeal No.434 of 2012 alongwith a delay condonation application. The appellate Court dismissed the delay condonation application mainly on the ground that the application seeking recall of the order was filed after a substantial delay. 3. The said order cannot be justified as it was incumbent upon the appellate Court to have decided the application under Section 5 of Limitation Act after considering the delay for filing the miscellaneous appeal and whether there was sufficient cause or not as the delay in filing the miscellaneous appeal was not substantial. 4. The impugned order dated 03.08.2017 cannot be sustained and is quashed. 5. Matter is remanded to the appellate authority to hear and decide Misc. Appeal No.434 of 2012 expeditiously and in accordance with law. 6. Present petition is partly allowed in above terms. Order Date :- 2.5.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench