Neutral Citation No. - 2025:AHC:101006 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6367 of 2025 Petitioner :- Pradeep Kumar Respondent :- Udaiveer Singh Rana And 5 Others Counsel for Petitioner :- Kanjaanan Pyare Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed against the order dated 28.10.2024 by which the first appeal filed by the defendant/petitioner under Section 96 of C.P.C. was dismissed on the ground of delay as the application for condonation of delay was rejected, and consequently, the appeal was also rejected. 3. The aforesaid order is a decree and in view of the judgment of this Court passed in Prem Wati and others v. Munni Devi and others reported in 2009 (2) AWC 1099, second appeal is maintainable against the order rejecting application under Section 5 of Limitation Act in first appeal. 4. In view of the above, I am not inclined to interfere in the matter. 5. Accordingly, the writ petition is disposed of with liberty to the petitioner to pursue the remedy as available to him under law. 6. Certified copy of the order be returned to the learned counsel for the petitioner after retaining photo copy of the same. Order Date :- 1.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad