PRAMOD KUMAR SRIVASTAVA, J. - (1.) Heard learned counsel for the appellants/applicants on disposal of delay condonation application in filing the memorandum of appeal within time.
(2.) Admittedly against the judgment of trial court, Civil Appeal no. 118/2012 was preferred which was allowed by judgment dated 2.1.2014 of Additional District Judge, Court No.-8 Azamgarh. Then aggrieved by the said judgment of first appellate court, respondent of the said appeal (present applicant/appellant) had moved review petition no. 12/2014 on 15.07.2014. After hearing, the lower appellate court had rejected the said review petition on 08.02.2016. Then present time barred appeal (Memorandum of Second Appeal) has been preferred by the respondent of first appeal alongwith delay condoantion application.
(3.) The grounds of delay condonation application is mentioned in paragraphs 2 to 5 of the aforesaid affidavit supporting said application which is quoted as under: " 2. That, against the judgment and decree dated 2.1.2014 passed in Civil appeal no. 118 of 2012, defendant/appellant under legal advise filed a Civil Misc. Review Application No. 12 of 2014 dated 15.7.2014, which was heard by the Additional District Judge, Court No. 8, Azamgarh. 3. That Additional District Judge, Court No. 8, Azamgarh heard the aforementioned review application no. 12 of 2014 on 8.2.2016 and same was rejected by Additional District Judge, Court No. 8 Azamgarh vide order dated 8.2.2016 on the ground of delay. 4. That, the delay has been caused due to the fact that appellants were advised to peruse the remedy of review application before the lower appellate Court, which was rejected on 8.2.2016, as such delay in filing the second appeal before this Hon'ble Court against the judgment and decree of lower appellate Court dated 2.1.2014 be condoned. 5. That, in view of the facts and circumstances stated in preceding paragraphs, it is expedient in the interest of justice that this Hon'ble Court may kindly be pleased to allow the present application and to condone the delay, if any in filing the present second appeal, otherwise the applicant/petitioner will suffer irreparable loss and injury." ;