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CA/7305/1997 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 7305 of 1997
In
FIRST
APPEAL No. 2139 of 1997
=========================================================
MERUBHAI
KAVABHAI - Petitioner(s)
Versus
MANJITSING
KHYATSIHGH & 2 - Respondent(s)
=========================================================
Appearance
:
MR
DC SEJPAL for
Petitioner(s) : 1,None for Petitioner(s) : None for Petitioner
No(s).: for Petitioner(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6,
1.2.7, 1.2.8,1.2.9
RULE UNSERVED for Respondent(s) : 1 - 2.
RULE
SERVED for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 29/08/2008
ORAL
ORDER
Learned
advocate Mr. DC Sejpal addressed a letter to the Registrar of the
High Court of Gujarat dated 25.8.2008 requesting to permit him to
delete respondents no. 1 and 2,and notice is served to the respondent
no. 3, therefore, no question of passing any order of substitute
service. On that basis, the Registry has prepared the submission and
considering the submission of the Registry and note of learned
advocate, respondent no. 1- Manjitsing Byatsing and respondent no. 2
? Harbhansing Hajurasing are permitted to be deleted from the era
of the application only.
Therefore,
today, Civil Application for delay condonation is taken up for
hearing in light of deletion of respondents no. 1 & 2 and for
respondent no. 3 no appearance is filed. Hence, the delay of 9 days
caused in filing the First Appeal, therefore, considering the
averments made in this application followed by affidavit, delay of 9
days is condoned in the interest of justice, as sufficient cause is
shown by the applicant to the satisfaction of this Court.
Accordingly, Rule is made absolute to that extent. Registry is
directed to notify the First Appeal for admission on 2.9.2008.
(H.K.
RATHOD, J.)
mandora/
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