Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:106937 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6564 of 2025 Petitioner :- Satya Prakash Respondent :- Smt. Saroj Counsel for Petitioner :- Rahul Pandey Counsel for Respondent :- Manoj Pathak Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This petition has been filed challenging the order dated 25.03.2025 passed by the lower Appellate Court, by which, application filed by the petitioner u/s 5 of the Indian Limitation Act for condoning the delay in filing the appeal has been rejected by the lower Appellate Court.
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 for condoning the delay in filing an appeal under Section 96 of C.P.C.
4. In view of the above, I am not inclined to interfere in the matter.
5. Accordingly, the petition is dismissed with liberty to the petitioner to avail the alternative remedy as available to her under law.
6. Certified copy of the order be returned to the petitioner after retaining photo copy of the same. Order Date :- 8.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad