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2025 DAILYLAW 161025 (ALL)

RAM ASAREY v. DIST. JUDGE LUCKNOW and ORS.

A227/2738/2019 · 2025-01-08

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1436 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2738 of 2019 Petitioner :- Ram Asarey Respondent :- Dist. Judge Lucknow And Ors. Counsel for Petitioner :- Archana Rawat,Dileep Kumar Pathak,Jyoti Rajpoot,Laxmi Verma Counsel for Respondent :- Pradeep Kumar,Brij Kishore,Pradeep Kumar,Satyendra Kumar Maurya Hon'ble Pankaj Bhatia,J. 1. Heard Ms. Laxmi Verma, Advocate holding brief of Ms. Jyoti Rajpoot, learned counsel for the petitioner. 2. The present petition has been filed challenging the order dated 22.10.2018, whereby the review application filed by the petitioner seeking review of the order dismissing the appeal on the ground of limitation was rejected. 3. The submission of learned counsel for the petitioner is that an order came to be passed in the civil suit dismissing the same against which, the petitioner preferred a writ petition being Writ Petition No.21147 of 2018, which was dismissed on the ground of alternative remedy and thereafter, the petitioner applied for copy of the order and filed the appeal along with delay. The court below rejected the application merely on the ground that there were delay of 455 days, which was not duly explained, a review application filed against the same was also dismissed. 4. Considering the fact that the petitioner was pursuing earlier before this Court, the court ought to have considered the provisions of Section 14 of the Limitation Act also, which has not been done. 5. In view thereof, the orders impugned dated 30.05.2017 and 22.10.2018 cannot be sustained and are quashed. The matter is remanded for hearing of the appeal on merits and in accordance with law. 6. It is clarified that delay has been condoned by this Court. 7. The petition stands allowed in terms of above. Order Date :- 8.1.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench