STATE OF UTTAR PRADESH Vs. SURENDRA NATH

JUDGEMENT

(1.) An application under S. 5 of Limitation Act has been moved by the State of U.P. to condone the delay of 109 days in filing the appeal.

(2.) The impugned judgment and award was given by the VI Additional District Judge on 27-2-1989. The appeal was filed on 20-91989 with a court-fee of Rs. 10.00 only. There was a deficiency of Rs. 54,885.00. The Stamp Reporter had reported on 19-9-89 that the appeal was beyond time by 109 days on that date.

(3.) In order to explain the delay the clerk of Special Land Acquisition Officer (hereinafter referred SLAO for brief), Azamgarh has stated in his affidavit that after receipt of the copy of the judgment and decree the Collector sent the papers to the State Government, which gave its direction on 1-7-1989 for filing appeal. It was received in the officer of SLAO on 31-7-1989. The clerk of SLAO proceeded to Allahabad on 2-8-1989 and made inquiries from the office of the Standing Counsel about the expenses. After making the inquiries the clerk went back. The clerk came to know that there was strike in the High Court hence he was advised to come to the court after the strike. Hence he has come to High Court on 21-8-1989. It was stated that as High Court remained closed due to strike, so the appeal could not be filed before 20-9-1989.