Pramod Kumar Srivastava, J. –

Heard learned counsel for the appellants/applicants on disposal of delay condonation application in filing the memorandum of appeal within time.

2. Admittedly against the judgment of trial court, Civil Appeal no. 118/2012 was preferred which was allowed by judgment dated 2.1.2014 of Additional District Judge, Court No. 8 Azamgarh. Then aggrieved by the said judgment of first appellate court, respondent of the said appeal (present applicant/appellant) had moved review petition no. 12/2014 on 15.07.2014. After hearing, the lower appellate court had rejected the said review petition on 08.02.2016. Then present time barred appeal (Memorandum of Second Appeal) has been preferred by the respondent of first appeal along with delay condonation application.

3. The grounds of delay condonation application is mentioned in paragraphs 2 to 5 of the aforesaid affidavit supporting said application which is quoted as under:

“2. That, against the judgment and decree dated 2.1.2014 passed in Civil appeal no. 118 of 2012, defendant/appellant under legal advise filed a Civil Misc. Review Application No. 12 of 2014 dated 15.7.2014, which was heard by the Additional Di