SURENDRA KUMAR Vs. ASHOK KUMAR

JUDGEMENT

(1.) HEARD Sri K. M. Rana, brief Holder of Sri V. P. Srivastava, learned counsel for the revisionist and Sri R. K. Khanna, learned counsel for opposite parties No. 1 and 2 and learned A.G.A. for State.

(2.) THIS is an application for condonation of delay in filing the revision. Revision is filed with a delay of 20 days. Condonation of delay is sought on the ground that when the applicant was coming to Allahabad, his pocket was picked and he had no money. He had to go back to Moradabad and could not come to Allahabad till 22.2.89 due to heavy rush of Kumbha Mela and it was not intentional default on his part. In his counter-affidavit, the opposite party No. 1 stated that the applicant did not come to Allahabad on 23.1.89 as he-was very much present at Moradabad on that date. His allegation of pick-pocketing is not supported by any other evidence like lodging of the first information report.