SANTU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri R.P.S. Chauhan, learned counsel for the petitioner and Shri Arun Kumar Srivastava for the Gaon Sabha, respondent no.5 as also learned Standing Counsel for the State-respondents.

(2.) The instant writ petition has been filed seeking a writ of certiorari for quashing the order dated 10.04.2019 passed by the Additional Commissioner (Judicial) Bareily Division, Bareilly refusing to condone the delay in filing a restoration application for recall of an order dated 27.01.2010, whereby an appeal filed by the petitioner had been dismissed for default.

(3.) The petitioner filed a suit under Section 229B of the U.p Zamindari Abolition and Land Reforms Act for declaration claiming on the basis of a registered will executed in his favour by one Nanuki. The trial Court dismissed the suit vide judgement and decree dated 19.12.2005. The petitioner preferred an appeal, which was dismissed for default on 27.01.2010. A belated restoration application accompanied by an application under Section 5 of the Limitation Act was filed on 21.01.2011.