RAMA DEVI Vs. ADDL. DIST. AND SESSION JUDGE

JUDGEMENT

(1.) This is a writ petition under Article 227 of the Constitution of India challenging an order dated 24.07.2019 passed by the Addl. District and Sessions Judge, Room No. 3, District- Faizabad now Ayodhya in Misc. Case No. 589 of 2018 dismissing the application of the petitioners under section 5 of the Limitation Act 1963 for extension of limitation and condonation of delay in filing the Appeal. 1908.

(2.) The preliminary point to be considered in this case is as to whether the remedy against such an order is by way of a petition under Article 227 of the Constitution of India or by way of a second appeal under section 100 C.P.C. This question has recently been considered and decided by this Court vide judgment dated 18.12.2019 passed in Writ Petition No. 25879 (MS) of 2019, Ram Prasad and ors. in the following terms :

(3.) By means of this petition under Article 227 of the Constitution of India the petitioner has challenged an order dated 24.4.2019 passed by the Additional District Judge (Court No.4)/Special Judge (E.C. Act), Sitapur, dismissing the application of the petitioner under section 5 of the Limitation Act 1963 (hereinafter referred as 'Act 1963') which was filed alongwith the appeal filed by the petitioners against the judgment and decree passed in O.S. No. 141 of 1999 allowing the suit of the private opposite parties herein. The application under section 5 was registered as Civil Misc. Case No.91 of 2014 and the same has been dismissed by the Appellate Court.