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CA/6627/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 6627 of 2010
In
SECOND
APPEAL (STAMP NUMBER) No. 64 of 2010
=========================================
KUMUDCHANDRA
MANILAL PATEL & 4 - Petitioner(s)
Versus
AMICHANDBHAI
DHULABHAI PATEL - Respondent(s)
=========================================
Appearance :
MR
JV JAPEE for
Petitioner(s) : 1 - 5.
MS ARCHANA R ACHARYA for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 31/08/2010
ORAL
ORDER
This
Civil Application is filed under Section 5 of the Limitation Act to
condone delay occurred in filing Second Appeal.
Heard
learned Advocate for the applicant.
Ms.Acharya,
learned Advocate for the respondent has opposed the application and
she has stated that no reasons have been assigned to condone delay.
However, no reply is filed on behalf of the respondent controverting
the averments made in the application.
In
view of the fact that the reasons stated in the application has not
been controverted by the other side by filling an affidavit and also
in view of the principles governing the discretionary exercise of
power under section 5 of the Limitation Act, 1963, this Court is of
the view that sufficient cause has been stated for not filing the
appeal in time and hence, delay caused in filing the appeal is to be
condoned and Civil Application is required to be allowed.
For
the reasons stated above, the Civil Application is allowed and delay
is condoned. Rule is made absolute to the aforesaid extent.
[M.D.Shah,
J.]
satish
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