Gujarat High Court Case Information System
Print
CA/368320/2003 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 3683 of 2003
In
FIRST
APPEAL (STAMP NUMBER) No. 4517 of 2002
=========================================================
AHMEDABAD
MUNCIPAL CORPORATION - Petitioner(s)
Versus
KALYAN
SAHAY MURLIDHAR SHARMA THRO' MAHESH KALYAN SAHAY - Respondent(s)
=========================================================
Appearance
:
MS
JIRGA D JHAVERI for
Petitioner(s) : 1,
NOTICE
SERVED for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 17/10/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE R.P.DHOLAKIA)
We
have heard learned counsel for the applicant. Though rule has
been duly served, the opponent has not remained present either
personally or through any advocate.
This
Civil Application has been filed by the present
applicant-original respondent for condoning the delay of 326 days
caused in preferring First Appeal.
We
have gone through the reasons mentioned in the Civil Application on
oath regarding condonation of delay. Reasons as to why appeal
could not be filed in time are stated in para 2 of the application.
In
view of the fact that the reasons stated in this application
have not been controverted by the otherside by filing an
affidavit and also in view of the principles governing the
discretionary exercise of power under Sec.5 of the Limitation Act,
1963, we are of the view that sufficient cause has been stated for
not filing the appeal in time and hence, delay caused in filing
appeal is to be condoned and civil application is required to be
allowed.
For
the aforesaid reasons, application is allowed. Delay of
326 days caused in filing First Appeal is condoned. Rule is made
absolute.
(R.P.DHOLAKIA,J)
(Z.K.SAIYED,J.)
radhan/
Top