Gujarat High Court Case Information System
Print
CA/277120/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 2771 of 2008
In
SECOND
APPEAL (STAMP NUMBER) No. 231 of 2005
=========================================================
VALAJI
KHUMAJI SUTHAR - Petitioner(s)
Versus
GANESHBHAI
MOTIBHAI PATEL - Respondent(s)
=========================================================
Appearance
:
MR
AJ SHASTRI for
Applicant (s) : 1,
RULE SERVED for Opponent (s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
Date
: 28/08/2008
ORAL
ORDER
Heard
Shri Vishal Mehta, learned counsel appearing on behalf of Shri A.J.
Shastri for applicant.
The
present application has been preferred by the applicant under
Section 5 of the Limitation Act, 1963 for condonation of delay
caused in preferring Second Appeal under Section 100 of the Code of
Civil Procedure, 1908. The applicant has prayed that the delay of 91
days caused in preferring the appeal may kindly be condoned for the
reasons assigned in paragraph nos.2 and 3 of the application.
For
want of formal written resistance from the otherside also, the
present application is required to be allowed. Even otherwise, the
approach of the Court should be liberal and pragmatic in such or
similar cases. This is not a case of gross or inordinate delay in
preferring the appeal.
In
view of aforesaid observations and discussion, the present
application is hereby allowed. The delay of 91 days caused in
preferring the Second Appeal is hereby condoned.
The
Registry is hereby directed to list the Second Appeal for admission
hearing in due course.
(C.K.
Buch, J)
Aakar
Top