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CA/11329/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 11329 of 2007
=========================================================
USMANBHAI
NURABHAI JEDHWA - Petitioner(s)
Versus
FATMABEN
ALAUDDIN RAJPURA - Respondent(s)
=========================================================
Appearance
:
MR
KD PANDYA for MR MRUGEN K PUROHIT for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5
None for
Respondent(s) : 1,
RULE SERVED for Respondent(s) : 1.2.1, 1.2.2,
1.2.3, 1.2.4, 1.2.5, 1.2.6,1.2.7
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
Date
: 27/08/2008
ORAL
ORDER
Heard
Mr. K.D. Pandya appearing for Mr. Mrugen Purohit, learned counsel
appearing for the applicants and Ms.Japee, appearing on behalf of Mr.
J.V. Japee.
It
is submitted by Ms. Japee that formal appearance on behalf of the
respondents shall be filed by Mr. J.V.Japee at the earliest, however,
appropriate orders can be passed by the Court considering the nature
of relief prayed for.
Having
considered the contents of the application, delay of 52 days caused
in filing the Civil Application for bringing the heirs of the
deceased plaintiff, respondent herein, can be condoned. The cause
shown in the application is sufficient within the meaning of Sec.5
of the Limitation Act. The approach of the Court, normally should be
liberal and pragmatic in such or similar matters. Even there is no
written resistance from the other side.
The
application, therefore, is allowed. The delay of 52 days caused in
filing the application for bringing heirs on record is hereby
condoned. The Registry, now, shall give regular number to the Civil
Application [Stamp] No.5066 of 2007 and shall list the said
application for hearing on 11th September, 2008. The
application stands disposed of as allowed. Rule is made absolute with
no order as to costs.
[C.K.
BUCH, J.]
pirzada/-
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