ISHWAR SARAN Vs. VIJAI KUMAR KUSHWAHA

JUDGEMENT

(1.) This second appeal is directed against an order of the learned Additional District Judge, Court No. 15, Allahabad in Miscellaneous Case No. 475 of 2017, rejecting an application to condone the delay in preferring an appeal from the judgment and decree of the Additional Civil Judge (Junior Division), Court No. 12, Allahabad dtd. 14/8/2013 passed in O.S. No. 485 of 1989.

(2.) Looking to the limited issue that is involved in this appeal, an elucidation of facts giving rise to the suit or the merits of the parties' case is not required.

(3.) The plaintiff-appellants instituted a suit for partition of the suit property, subject matter of O.S. No. 485 of 1989, against the defendant-respondents. The Additional Civil Judge (Junior Division), Court No. 12, Allahabad tried the suit and dismissed it vide her judgment and decree dtd. 14/8/2013. This decree was challenged belatedly by an appeal under Sec. 96 C.P.C. preferred to the learned District Judge of Allahabad on 17/5/2017. The appeal was accompanied by an application under Sec. 5 of the Limitation Act also dtd. 17/5/2017, seeking the delay in preferring the appeal to be condoned. The application was duly supported by an affidavit. This delay condonation application bearing Paper No. 5-C was registered as Miscellaneous Case No. 453 of 2017 on the file of the learned District Judge, Allahabad. The belated appeal, along with the delay condonation application, was assigned to the learned Additional District Judge, Court No. 15, Allahabad, where it was numbered as Miscellaneous Case No. 475 of 2017. It is this application for condonation of delay that has come to be rejected by the order impugned, and with it, the accompanying appeal, as time barred.