MATTERS UNDER ARTICLE 227 No. 11075 of 2025 at Allahabad

A.F.R HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11075 of 2025 Dr. Sammohit @ Sammohit .....Petitioner(s) Versus Raju Kumar Patel .....Respondent(s) Counsel for Petitioner(s) : Harish Chandra Dwivedi Counsel for Respondent(s) : Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner and perused the record. 2. This petition has been filed challenging the order dated 26.08.2025 passed by Additional District Judge/Special Judge, Court No. 4, Varanasi in Misc. Case No. 51 of 2025. By the order dated 26.08.2025, the appellate court has allowed the application filed by the appellant for condoning the delay in filing the appeal. 3. Contention of the learned counsel for the petitioner is that the respondent has not filed the application for condoning the delay along with memo of appeal and therefore, in view of the provisions of Order 41 Rule 3-A C.P.C., the appeal filed by the respondent is to be dismissed. It has also been contended by learned counsel for the petitioner that in case, an appeal is filed with delay, the same shall be accompanied by an application for condoning the delay in view of the provisions of Order 41 Rule 3