Hon’ble Allahabad High Court while dealing with the petition here on 15-03-2019 in the case of “Shailesh Boidiyal And Another v. Rajendra Singh And 3 Others” stated that if no acceptable explanation has been offered by the petitioners for long delay, the petition cannot be entertained.
BRIEF FACTS OF THE CASE
This petition was filed praying to set aside the order dated 23.11.2012 passed by the Civil Judge (Senior Division), Saharanpur, whereby, the Amendment Application 107-Ga under Order 6 Rule 17 C.P.C. filed by the plaintiffs-petitioners, was rejected on merit as well as on the ground of limitation observing that in the written statement filed on 3.2.2003.
DECISION OF THE COURT
Hon’ble Court held that the petition has been filed more than six years after the impugned order dated 23.11.2012 was passed and no acceptable explanation has been offered by the petitioners for such a long delay of more than six years.
Thus, this petition was dismissed on the ground that there was no any good reason to entertain the petition which was hit by principles of latches.
Read the full Judgement Here-
http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=7100426
