SPECIAL APPEAL DEFECTIVE No. 5 of 2008 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 5 of 2008 State Of U.P. Thru Prin.Secy. P.W.D. And 4 Ors. .....Appellant(s) Versus Manish S/S 9358/2006 .....Respondent(s) Counsel for Appellant(s) : Standing Counsel Counsel for Respondent(s) : Pushpendra Kumar Singh Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. C.M.A. No.411 of 2008 (Application for Condonation of Delay) 1. Heard. 2. This appeal was filed by the State on 02.01.2008 challenging the judgment and order dated 09.11.2006 passed in Writ Petition No.9358 (S/S) of 2006. 3. The limitation for filing special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is 30 days vide Chapter IX Rule 10 of the Rules, 1952 read with Article 117 of the Schedule appended to the Limitation Act, 1963. The appeal was filed with a delay of one year and nine days. The application for condonation of delay has remained pending till date. 4. We have gone through the affidavit filed in support of the application for condonation of delay in filing the appeal and do not find the explanation offered to be satisfactory. The affidavit only mentions about the file being sent from one desk