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CA/2030/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 2030 of 2010
In
MISC.CIVIL
APPLICATION - FOR ORDERS No. 448 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 557 of 2010
With
MISC.CIVIL
APPLICATION No. 448 of 2010
In
FIRST APPEAL (STAMP NUMBER) No. 557 of 2010
=========================================================
UKABHAI
SOBHANBHAI PATEL - Petitioner(s)
Versus
ARVIND
JINABHAI GAMIT - Respondent(s)
=========================================================
Appearance
:
MR
SHASHIKANT S GADE for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 22/02/2010
ORAL
ORDER
Heard
learned advocate Mr. SS Gade on behalf of applicant.
Learned
advocate Mr. Gade requests to this Court to join State of Gujarat,
District Collector, Navsari as a party respondent no. 2.
Considering his request, permission is granted to join State of
Gujarat, District Collector, Navsari. Learned AGP Mr. Sharma
received copy of present application and appearing on behalf of
respondent no. 2. With consent of both learned advocates,
application is taken up for final disposal today.
Rule.
Learned AGP Mr. Sharma waives service of notice on behalf of
respondent no. 2. the present application is filed with a prayer to
condone delay of 62 days in filing Misc. civil application for
indigent person. Considering submission made by both learned
advocates and averment made in this application supported with
affidavit, delay of 62 days is condoned in interest of justice as
sufficient cause is shown by applicant to the satisfaction of this
Court. Accordingly, Rule is made absolute.
Registry
is directed to register MCA as delay has been condoned by this Court
today.
ORDER
IN MISC CIVIL APPLICATION
Learned
advocate Mr. Gade requests to this Court to join State of Gujarat,
District Collector, Navsari as a party respondent no. 2. Considering
his request, permission is granted to join State of Gujarat,
District Collector, Navsari. Learned AGP Mr. Sharma received copy
of Misc. civil application and appearing on behalf of respondent no.
2.
Rule.
Learned AGP Mr. Sharma waives service of notice on behalf of
respondent no. 2. With consent of both learned advocates, present
application is taken up for hearing.
The
present application is filed with a prayer to permit applicant to
file first appeal as indigent person. The Trial Court has permitted
to file civil suit as indigent person. The property schedule is
also attached with present application. The financial condition of
applicant is not improved thereafter. Still he is not able to pay
court fees being a poor person.
Considering
submission made by both learned advocates and averment made in this
application supported with affidavit, prayer made in this
application is granted. Accordingly, present applicant is permitted
to file first appeal as indigent person on usual condition.
Accordingly,
Rule is made absolute.
(H.K.RATHOD,
J)
asma
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