JOKHU RAM VERMA Vs. DISTRICT JUDGE FAIZABAD

JUDGEMENT

(1.) By means of this writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for issuing a writ, order or direction in the nature of certiorari for quashing judgment and order dated 15.12.97 passed by the District Judge, Faizabad and judgment and decree dated 19.10.78, passed by the learned Additional Munsif, Akbarpur, District Faizabad.

(2.) It appears that the Suit No. 239 of 1975 filed by the petitioner for permanent injunction was dismissed by the Additional Munsif, Akbarpur, District Faizabad on 19.10.78.

(3.) Aggrieved by the judgment and decree passed by the trial court, petitioner preferred a belated appeal on 1.1.79 along with an application under Section 5 of the Indian Limitation Act which was supported by an affidavit, for condonation the delay in filing the appeal. However, by judgment and order dated 15.12.79, District Judge, Faizabad dismissed the application filed under Section 5 of the Indian Limitation Act and also rejected memo of appeal.