Raju Khan And 3 Others v. Shakeel Ahmad And 13 Others
Case at a glance
Outcome
Disposed of
Present petitions stand disposed off in above terms
Provisions considered
- Code of Civil Procedure, 1908 O. 5 r. 20; O. 9 r. 13
- Limitation Act, 1963 s. 5
Judgment
Case :- MATTERS UNDER ARTICLE 227 No. - 6533 of 2024 Petitioner :- Raju Khan And 3 Others Respondent :- Shakeel Ahmad And 13 Others Counsel for Petitioner :- Shashwat Srivastava Counsel for Respondent :- Durgesh Kumar Pathak AND Case :- MATTERS UNDER ARTICLE 227 No. - 66 of 2025 Petitioner :- Raju Khan And 3 Others Respondent :- Shakeel Ahmad And 13 Others Counsel for Petitioner :- Shashwat Srivastava Counsel for Respondent :- Durgesh Kumar Pathak Hon'ble Pankaj Bhatia,J.
Since both the petitions arise out of the same cause of action, they are being decided together by this common order.
Heard learned counsel for the parties.
By means of the impugned order dated 08.11.2024, the revisional Court remanded the matter on the interpretation of Order 5 Rule 20 of CPC and on the ground that the applicant who had filed an application for condonation of delay was not heard.
Submission of learned counsel for the petitioners is that the revisional order wrongly interprets the mandate of Order 5 Rule 20 of CPC.
Considering the import of the order dated 08.11.2024 whereby the matter was remanded for consideration of the application under Section 5 of Limitation Act afresh after giving an opportunity of hearing, I do not deem it appropriate to interfere in exercise of the said power.
However, it is clarified that the observations made in the order dated 08.11.2024 in respect of mandate of Order 5 Rule 20 CPC will not bind the Court which shall decide the Section 5 application and Order 9 Rule 13 CPC application on its own merit and in accordance with law with all expedition, preferably within a period of six months.
Operative part
Present petitions stand disposed off in above terms. Order Date :- 10.1.2025 nishant NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Present petitions stand disposed off in above terms
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. 5 r. 20; O. 9 r. 13; Limitation Act, 1963 — s. 5.
Which court decided this case, and when?
Allahabad High Court, on 10 Jan 2025. The bench was PANKA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.