SAMMOHIT Vs. RAJU KUMAR PATEL

JUDGEMENT

(1.) Heard learned counsel for the petitioner and perused the record.

(2.) This petition has been filed challenging the order dtd. 26/8/2025 passed by Additional District Judge/Special Judge, Court No. 4, Varanasi in Misc. Case No. 51 of 2025. By the order dtd. 26/8/2025, 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 XLI, 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 XLI, Rule 3-A, C.P.C. It has been further contended that subsequent to the filing of the appeal, an application cannot be filed for condoning the delay, it has to be filed simultaneously along with memo of appeal. In this regard, learned counsel for the petitioner has relied upon the judgment of this Court in case of Collector, Varanasi v. Rai Prem Chand and others AIR 1992 All. 206 as well as judgment of Kerala High Court in case of Padmavathi v. Kalu AIR 1980 Kerala 173.