SPECIAL APPEAL DEFECTIVE No. 762 of 2009 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 762 of 2009 State Of U.P. Thru Joint Secy. Animal Husbandry And Ors. .....Appellant(s) Versus Manoj Kumar S/O Mithai Lal And Ors. S/S 19/2007 .....Respondent(s) Counsel for Appellant(s) : Standing Counsel Counsel for Respondent(s) : R.C. Tewari, Sandeep Dixit Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. Order on C.M. Application No.105382 of 2009 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 31.10.2009 challenging the judgment and order dated 03.03.2009 passed in Writ Petition No.19 (S/S) of 2007. The appeal is filed with a delay of six months and twenty nine 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. The affidavit merely speaks of the receipt of th