Gujarat High Court High Court

Ahmedabad vs Kalyan on 17 October, 2008

Gujarat High Court
Ahmedabad vs Kalyan on 17 October, 2008
Author: R.P.Dholakia,&Nbsp;Honourable Mr.Justice Z.K.Saiyed,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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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/

   

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