CourtKutchehry.com
High Courts(2007) 04 AHC CK 0158

Mahendra Singh Rajput vs Union of India Through its Secretary, Government of India, Ministry of Finance, New Delhi

Allahabad High Court · Decided on 19 April 2007

HON’BLE JUDGES
S.P.Mehrotra, J
RESULT
Dismissed
CASE NUMBER
Second Appeal No. 14 of 1980

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

12 paragraphs · 353 words

S.P. Mehrotra, J.—The present second appeal was filed by the plaintiffappellant beyond time.

2.

An application, being Civil Misc. Application No. 451 of 1980 (dated 9.1.1980), under section 5 of the Limitation Act, 1963, was filed, inter alia, praying for condoning the delay in filing the second appeal.

3.

By the order dated 9.1.1980, notice was directed to be issued on the said application filed under section 5 of the Limitation Act, 1963.

4.

By the order dated 30th March, 1998 passed by the Joint Registrar, fresh notice was directed to be issued on the aforesaid application, under section 5 of the Limitation Act, 1963.

5.

As the requisite steps were not taken, the matter was placed before the Court with the office report dated 17.8.1998.

6.

The Court, by its order dated 21.9.1998, granted two weeks'' time for taking steps in accordance with the office report dated 17.8.1998.

7.

As requisite steps, pursuant to the said order dated 30th March, 1998 passed by the Joint Registrar read with the order dated 21.9.1998 passed by the Court, have not been taken by the learned Counsel for the plaintiffappellant, the case is listed today under Chapter XII, Rule 4 of the Rules of the Court.

8.

The case has been taken up in the revised list. However, learned Counsel for the plaintiffappellant is not present.

9.

Even though the case is listed today under Chapter XII, Rule 4 of the Rules of the Court, requisite steps have not been taken.

10.

In the circumstances, the Court has no option, but to dismiss the aforesaid Civil Misc. Application No. 451 of 1980 (Dated 9.1.1980) for want of prosecution under Chapter XII, Rule 4 of the Rules of the Court.

11.

The aforesaid Civil Misc. Application No. 451 of 1980 (Dated 9.1.1980) filed under section 5 of the Limitation Act, 1963 is, accordingly, dismissed for want of prosecution under Chapter XII, Rule 4 of the Rules of the Court.

12.

In consequence of the dismissal of the said application under section 5 of the Limitation Act, 1963, the second appeal is dismissed as barred by time.