MADHYAMIK SHISHA PARIKSHAD Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard Sri J.S. Tomar, learned Standing counsel appearing on behalf of petitioner and Sri M.D. Singh Shekhar, Senior Advocate, appearing on behalf of respondents.

(2.) It appears that respondent No. 3 filed a suit for correction of his date of birth. The said suit was decreed on 28.4.2006. The petitioner moved an application under Order 9 Rule 13 C.P.C. along with an application under Section 5 of the Limitation Act for recalling of the order dated 28.4.2006. The said application was rejected on 12.3.2008. Against the said order, the petitioner filed appeal on 28.5.2008 along with an application for condonation of delay. The application for condonation of delay was supported by an affidavit of Smt. Prabha Tripathi, Secretary, Madhyamik Shiksha Parishad, Uttar Pradesh, Allahabad in which it is stated that due to the examination in the months of March, 2008 and April, 2008, all the officers and employees were busy and, therefore, appeal could not be filed in time. The application for condonation of delay was rejected on the ground that certified copy of the order dated 12.3.2008 was received on 1.4.2008 while the appeal was filed on 28.5.2008. It is observed that the examination was over on 4.5.2008 and no explanation was given for the period after 4.5.2008. The application for condonation has accordingly been rejected. Being aggrieved by the order, the petitioner has filed the present writ petition.

(3.) With the consent of the parties, the present writ petition is being disposed of at this stage.