Court No. - 39 Case :- WRIT - C No. - 31570 of 1995 Petitioner :- Rajya Krishi Utpadan Mandi Parishad Respondent :- Ivth A.D.J. & Others Petitioner Counsel :- B.D.Mandhyan Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The petitioner was a defendant in Original Suit No.16 of 1983 that
had been filed by the plaintiff-respondent no.3 for recovery of
Rs.15,466.49 with interest at the rate of 12%. The suit was decreed
by the judgment and decree dated 2nd April, 1994. Feeling
aggrieved, the petitioner filed an Appeal along with an application
for condonation of delay. The Appellate Court has rejected the
application for condonation of delay by the order dated 10th July,
1994 and, accordingly, the Appeal has also been dismissed.
This petition seeks the quashing of the order passed on the delay
condonation application. The petition was presented on 8th
November, 1995 and no interim order was passed. The decree
must have been executed by now. Even otherwise, the reasons
given by the Appellate Authority for rejecting the application filed
under Section 5 of the Limitation Act do not call for any
interference under Article 226 of the Constitution.
The writ petition is, accordingly, dismissed.
Order Date :- 26.7.2010
SK