Allahabad High Court · 2025-11-17
SPECIAL APPEAL DEFECTIVE No. 11 of 2021 at Lucknow
- Citation / case number
- SPECIAL APPEAL DEFECTIVE No. 11 of 2021 at Lucknow
- Court
- Allahabad High Court
- Petitioner
- SPECIAL APPEAL DEFECTIVE No. 11 of 2021 at Lucknow
- Respondent
- Unknown
Judgment text excerpt
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 11 of 2021 State Of U.P.Thru Prin.Secy. Agriculture Deptt. Lucknow Andors .....Appellant(s) Versus Baliram Singh Yadav .....Respondent(s) Counsel for Appellant(s) : C.S.C., C.S.C. Counsel for Respondent(s) : Mata Prasad Yadav Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. 1. Heard Shri Anil Kumar Singh Visen, learned Standing Counsel for the State appellants on the question of delay in filing the appeal. 2. The limitation prescribed for filing a special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is 30 days 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. In this case the delay, as reported, is of 506 days. The judgment impugned which was passed by the writ court is dated 19.07.2019. The appeal has been filed on 07.01.2021. 3. We have perused the affidavit in support of application for condonation of delay. In paragraph 3 of the said affidavit, the date of impugned judgment is mentioned and in paragraph 4, it is mentioned that on 16.08.2019, that is almost a month after ren