LAXMI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) This civil revision has been preferred against the order dt. 27-2-1986 by which the IV Additional District Judge, Kanpur City, has allowed the application condoning the delay occasioned in filing the appeal.

(2.) The brief facts are that a suit was filed by one Gur Prasad, later on substituted by the present applicant Smt. Laxmi Devi, for granting a decree of permanent injunction restraining the State of U.P. and others from interfering with her peaceful possession of the land. The suit was decreed by the learned additional Munsif, Kanpur City vide his judgement and decree dt. 26-3-1984. Copies of the judgement and decree were applied by the opposite parties on 28-3-1984. Such copies were ready on 23-4-1984 and were delivered on 24-4-1984. The appeal along with an application for the condonation of delay under S.5. Limitation Act, was filed on 14-12-1984. A delay of 205 days which was caused was thus sought to be condoned. The court below while exercising powers under S.5, Limitation Act, found the reason sufficient in not preferring the appeal within time and condoned the delay. It was alleged that in fact the delay was caused in view of the exchange of the correspondence between the District Government Counsel, the Forest Department and the judicial department of the State Government. A detailed affidavit filed in support of the application for condonation of delay has been annexed as annexure-1 to the stay application filed by the opposite parties. The affidavit filed by the opposite parties chronologically sets forth the reasons which caused the delay in filing the appeal. Learned IV Addl. District Judge, Kanpur (City) found the cause sufficient for filing the appeal beyond the prescribed period. A discretion was exercised by the court below in allowing the application and condoning the delay in preferring the appeal beyond the time provided.

(3.) Feeling aggrieved against the judgement and order dt. 27-2-1986 passed by the learned IV Additional District Judge, Kanpur (City), the instant civil revision has been preferred by the plaintiff-applicant.