Gujarat High Court Case Information System
Print
CA/16583/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 16583 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 2994 of 2010
=========================================
JAYANTIBHAI
RAMBHAI PRAJAPATI & 1 - Petitioner(s)
Versus
INDRAJIT
KESHAVLAL PATEL & 2 - Respondent(s)
=========================================
Appearance :
MR
DHARMESH V SHAH for
Petitioner(s) : 1 - 2.
RULE SERVED for Respondent(s) : 1 -
3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 20/06/2011
ORAL
ORDER
1. Present
application under Section 5 of the Limitation Act has been preferred
by the applicant herein -appellant-original claimant to condone the
delay of 109 days in preferring the First Appeal challenging the
judgment and order dated 11.2.2010 passed by the Motor Accident Claim
Tribunal, Surat passed below Exh.35 in MACP No.268 of 1995 in so far
as not awarding full claim as prayed for. Though served, nobody
appears on behalf of the respondent. Hence, it appears that there is
no opposition to the present application. Even otherwise, considering
the the averments in the application in support of prayer to condone
the delay and as sufficient cause is shown and so as to give one
additional opportunity to applicants to submit the case on merits
rather than non suiting them on the technical ground of delay, delay
caused in preferring the appeal is hereby condoned. Rule is made
absolute to the aforesaid extent. No costs.
(M.R.SHAH,
J.)
kaushik
Top