RAJPAT SINGH Vs. VEER SINGH

JUDGEMENT

(1.) THIS writ petition has been filed against the judgment and order dated 4.7.2009 passed by learned Additional District Judge, Court No. 2 Agra in Civil Revision No. 27 of 2008, Sri Rajpat Singh and others Vs. Sri Veer Singh.

(2.) SRI Ramendra Asthana, learned counsel for the petitioners while assailing the impugned order has submitted that the impugned order is totally illegal as the learned judge while allowing the Revision, on the one hand has observed that there is no sufficient explanation for condonation of delay and on the other hand has condoned the delay and allowed the Revision and set aside the order dated 30.11.2007 by which the defendant/respondents' recall application was rejected as barred by time.

(3.) The law relating to the delay condonation has been dealt with by the Apex Court in numerous cases. The Apex Court in the case of Collector, Land Acquisition, Anantnag & Anr. Vs. Mst. Katiji & Ors. ( JT 1987 (1) SC 537 = 1987 (2) SCR 387) has given following guidelines while dealing with the delay condonation application :-