SPECIAL APPEAL DEFECTIVE No. 31 of 2016 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 31 of 2016 State Of U.P.Thru Prin.Secy.Transport Deptt.Lko.And Ors. .....Appellant(s) Versus Gyan Prakash .....Respondent(s) Counsel for Appellant(s) : C.S.C. Counsel for Respondent(s) : Suresh Kumar Upadhyay, Manish Mani Sharma Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. (C. M. Application No. 8116 of 2016) 1. This is an application for condonation of delay in filing special appeal supported with affidavit. 2. Heard learned Additional Chief Standing Counsel for the State and learned counsel for the respondents. 3. The appeal is delayed by 8 months and 17 days. The delay has not been condoned. We could not notice this fact and therefore, passed the order dated 30.04.2024, inadvertently. 4. We are obliged under Section 3 of the Limitation Act, 1963 and the recent judgment of Hon'ble the Supreme Court rendered in the Case of Shivamma (Dead) by LRs. Vs. Karnataka Housing Board and Ors. reported in 2025 SCC OnLine 1969, to, first of all, consider the delay before proceeding to consider the merits of the matter. 5. We, accordingly, proceed to consider the application for condonation