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CA/479420/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 4794 of 2008
In
FIRST
APPEAL (STAMP NUMBER) No. 3965 of 2007
=========================================================
AHMEDABAD
MUNICIPAL CORPORATION - Petitioner(s)
Versus
KANCHENBEN
GHANSHYAMBHAI RATHOD - Respondent(s)
=========================================================
Appearance
:
MS
JIRGA D JHAVERI for
Petitioner(s) : 1,
MR
NISHITH P THAKKAR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 06/10/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE R.P.DHOLAKIA)
Rule.
Learned counsel, Mr.Nishit P.Thakkar, waives service of notice of
rule on behalf of the respondent.
This
Civil Application has been filed by the present
applicant-original respondent for condoning the delay of 270 days
caused in preferring First Appeal.
We
have heard learned counsel for the applicant and also 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
270 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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