Gujarat High Court Case Information System
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CA/8390/2009 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DELAY No. 8390 of 2009
In
SECOND
APPEAL (STAMP NUMBER) No. 176 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
DISTRICT
SUPERINTENDENT OF POLICE & 2 - Petitioner(s)
Versus
JITENDRASINH
GULABSINH JETHAVA - Respondent(s)
=========================================================
Appearance
:
GOVERNMENT
PLEADER for
Petitioner(s) : 1 - 3.
RULE SERVED BY DS for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/03/2010
ORAL
JUDGMENT
Present
Civil Application has been preferred under sec.5 of the Limitation
Act to condone delay of 19 days in preferring the Second
Appeal challenging the judgement and order dtd.9/1/2009
passed by the Additional District Judge, Surendranagar in Regular
First Appeal No. 181 of 2005.
Though
served, nobody appears on behalf of the respondents. Hence, there is
no opposition to the present application. Even considering the
averments 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 of
19 days in preferring the Second
Appeal is hereby condoned. Rule is made absolute
accordingly. No costs.
[M.R.
SHAH, J.]
rafik
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