SPECIAL APPEAL DEFECTIVE No. 416 of 2008 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 416 of 2008 State Of U.P. Thru Secy. Irrigation And 3 Ors. .....Appellant(s) Versus Mohd. Mustakim S/S 6860/2007 .....Respondent(s) Counsel for Appellant(s) : Standing Counsel Counsel for Respondent(s) : Rahul Srivastava Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. C.M.A. No.60584 of 2008 (Application for Condonation of Delay) 1. Heard. 2. This appeal was filed by the State on 22.07.2008 challenging the judgment and order dated 26.10.2007 passed in Writ Petition No.6860 (S/S) of 2007. The delay condonation application has remained pending ever since then. The appeal is barred by six months and 9 days. 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. 3. We have perused the affidavit filed in support of the application for condonation of delay. The affidavit only narrates the movement of the file from one desk/office to another without demonstrating any promptness on the part of the appellant to file the ap