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CA/5839/1998 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 5839 of 1998
In
FIRST
APPEAL No. 3489 of 1998
=========================================================
MUSABHAI
MOHAMMADBHAI MEMAN - Petitioner(s)
Versus
SANATBAHI
J DRIVER & 3 - Respondent(s)
=========================================================
Appearance
:
MR
AV PRAJAPATI for
Petitioner(s) : 1,
RULE UNSERVED for Respondent(s) : 1,
DELETED
for Respondent(s) : 2,
MR SANDIP C SHAH for Respondent(s) :
3,
RULE SERVED for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 28/08/2008
ORAL
ORDER
Heard
learned advocate Mr. A.V. Prajapati appearing on behalf of applicant.
Rule
issued by this Court is not served to opponent No.1. Opponent No.2
has been deleted and opponent No.4 is served but no appearance is
filed on his behalf.
Today,
learned advocate Mr. Prajati seeks permission to delete opponent No.1
who was driver. Accordingly, permission as sought for is granted.
Opponent No.1 is ordered to be deleted from the array of application
as well as appeal.
I
have considered the submissions made by learned advocate Mr.
Prajapati and also considering the averments made in this application
followed by affidavit, the delay of 50 days occurred in filing First
Appeal is hereby condoned in the interest of justice as sufficient
cause has been shown by the applicant to the satisfaction of this
Court.
Accordingly,
rule is made absolute to that extent with no order as to costs.
[H.K.
RATHOD, J.]
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