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CA/15115/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DELAY No. 15115 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 3458 of 2010
=========================================================
DASHRATHBHAI
RAMANBHAI DALWADI - Petitioner(s)
Versus
RANJITSINH
CHANDRASINH SOLANKI & 1 - Respondent(s)
=========================================================
Appearance
:
MR
VA MANSURI for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 08/02/2011
ORAL
ORDER
Present
application, under
Section 5 of
the Limitation Act, has been preferred by the applicant –
original appellant / claimant for condonation of delay of 419 days
caused in preferring the First Appeal challenging the Judgement and
Award passed by the learned Motor Accident Claims Tribunal
(Auxiliary), 3rd Additional District Judge, Kheda at
Nadiad in Motor Accident Claim Petition No. 1874 of 1995
dtd.4/4/2009, in so far as not awarding full claim as prayed for.
Though
served nobody appears on behalf of the respondents and hence there
is no opposition to the present application.
Having
heard the learned advocate appearing on behalf of the applicant and
considering the averments made in the application in support of the
prayer to condone the delay and so as to give one additional
opportunity to the applicant to submit the case on merit rather
than non-suiting the applicant on the technical ground of delay and
laches, present application is allowed. The delay caused in
preferring the First Appeal is hereby condoned. Rule is made
absolute accordingly. No costs.
[M.R.
SHAH, J.]
rafik
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