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2021 Supreme(All) 1531

J.J.MUNIR
Ishwar Saran (Since Deceased) – Appellant
Versus
Vijai Kumar Kushwaha (Since Deceased) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Manjari Singh, Ashutosh Gupta, Kunal Ravi Singh.

JUDGMENT :

1. This second appeal is directed against an order of the learned Additional District Judge, Court No. 15, Allahabad in Miscellaneous Case No. 475 of 2017, rejecting an application to condone the delay in preferring an appeal from the judgment and decree of the Additional Civil Judge (Junior Division), Court No. 12, Allahabad dated 14.08.2013 passed in O.S. No. 485 of 1989.

2. Looking to the limited issue that is involved in this appeal, an elucidation of facts giving rise to the suit or the merits of the parties' case is not required.

3. The plaintiff-appellants instituted a suit for partition of the suit property, subject matter of O.S. No. 485 of 1989, against the defendant-respondents. The Additional Civil Judge (Junior Division), Court No. 12, Allahabad tried the suit and dismissed it vide her judgment and decree dated 14.08.2013. This decree was challenged belatedly by an appeal under Section 96 C.P.C. preferred to the learned District Judge of Allahabad on 17.05.2017. The appeal was accompanied by an application under Section 5 of the Limitation Act also dated 17.05.2017, seeking the delay in preferring the appeal to be condoned. The application was duly supported by

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