SPECIAL APPEAL DEFECTIVE No. 108 of 2012 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 108 of 2012 State Of U.P. Thru. Joint Secretary Animal Husbandry And Ors. .....Appellant(s) Versus Ajay Kumar 7662 S/S 2009 .....Respondent(s) Counsel for Appellant(s) : Standing Counsel Counsel for Respondent(s) : R.C. Tewari Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. Order on C.M. Application No.19140 of 2012 1. This is an application seeking condonation of delay in filing the appeal supported with an affidavit. 2. Heard. 3. This is an appeal filed by the State appellants on 24.12.2012 challenging the judgment and order dated 20.11.2009 passed in Writ Petition No.7662 (S/S) of 2009. The appeal is filed with a delay of two years, two months and three days. The limitation for filing such an appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is 30 days as prescribed vide Chapter IX Rule 10 of the Allahabad High Court Rules, 1952 read with Article 117 of the Schedule appended to the Limitation Act, 1963. 4. We have perused the affidavit filed in support of application for condonation of delay in the light of the recent judgment of Hon'ble the Supreme Court in the case