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CA/13779/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 13779 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 1635 of 2010
=========================================
SHANAJI
GABHAJI CHAUHAN & 2 - Applicant(s)
Versus
RAVJIBHAI
SOMABHAI THAKORE ZALA & 2 - Opponent(s)
=========================================
Appearance :
MR
VILAV K BHATIA for
Applicant(s) : 1 - 3.
RULE SERVED BY DS for Opponent(s) : 1,
DS
AFF.NOT FILED (R) for Opponent(s) : 2,
MR HITESH N ACHARYA for
Opponent(s) : 3,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 02/05/2011
ORAL
ORDER
1. The
present application under Section 5 of the Limitation Act has been
preferred by the applicants-original appellants to condone the delay
of 53 days in preferring the First Appeal challenging the judgment
and award dated 24/11/2009 passed by the learned Motor Accidents
Claim Tribunal (Auxiliary), City Civil Court No. 8, Ahmedabad in
M.A.C.P. No. 533/2004 in so far as not awarding full claim as prayed
for.
2. Shri
Bhatia, learned advocate appearing on behalf of the applicants has
stated at the bar that opponent no. 2 is already served by direct
service.
3. Though
served, nobody appears on behalf of opponent no. 1.
4. Having
heard Shri Bhatia, learned advocate appearing on behalf of the
applicants and Shri Acharya, learned advocate appearing on behalf of
opponent no. 3 and considering the averments made in the application
and so as to give one
additional opportunity to the applicants to submit the case on merits
rather than non-suiting them on the technical ground of delay, the
delay caused in preferring the First Appeal is hereby condoned and
the present application is allowed. Rule is made absolute
accordingly. No cost.
(M.R.
SHAH, J.)
siji
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