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CHANDRA KUMAR RAI
Chanda Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Mr. R.C. Singh, learned Senior Counsel assisted by Mr. Shailendra Kumar Pandey, learned counsel for the petitioner, learned Standing Counsel for the State respondents, Mr. Prashant Kumar Tripathi, learned counsel for respondent No.5 and Mr. Narsingh Pandey, learned Counsel for respondent No.12.
2. Brief facts of the case are that family pedigree in order to appreciate the controversy, will be relevant which is an under :
|
| Ganpat Dube |
|
| Shobha |
| Parmeshwara |
| Rajpati | ||
| Chanda Devi |
3. The dispute pertains to old khata No.137 consisting of 16 plots total area 5 bigha, 1 biswa and 8 dhoor. Smt. Lakhpata was Zamidar/ proprietor of the land in dispute. Smt. Lakhpata transferred her entire right by registered sale deed dated 02.12.1918 in favour of Sri Ganpat Dube. It is also material that Smt.Lakhpata was Sir holder of the land in dispute. Smt. Lakhpata became ex-proprietary tenant by virtue of provisions contained under Section 10 of North Western Provinces Tenancy Act 1901 due to transfer made by Smt. Lakhpata to Sri Ganpat Dube, Smt. Lakhpata
Refusing to condone delay can result in a meritorious matter being thrown out at very threshold and cause of justice being defeated.
The law of limitation must be strictly applied, and delay in filing petitions cannot be condoned without sufficient cause, especially in cases of negligence.
The court emphasized that substantial justice prevails over technicalities in delay condonation, requiring sufficient cause to be shown for delays in appeals.
The court emphasized that delay in filing a restoration application undermines the right to challenge prior orders, reinforcing the principle that the law of limitation must be strictly applied.
The Deputy Director of Consolidation's remand for a fresh hearing was justified to ensure fairness, given the significant delay and procedural irregularities in prior decisions.
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