CA/689920/2008 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION No. 6899 of 2008 ========================================== LASIBEN UNADBHAI BHAMMAR Versus GUJARAT URJA VIKAS NIGAM LTD THRO. THE CHAIRMAN & 2 ========================================== Appearance : MR UI VYAS for Applicant RULE SERVED for Respondent(s) : 1, 3, MS RV ACHARYA for Respondent(s) : 2, ========================================== CORAM : HONOURABLE MR.JUSTICE J.R.VORA and HONOURABLE MR.JUSTICE J.C.UPADHYAYA Date : 31/07/2008 ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE J.R.VORA)
Heard
learned advocate Mr.U.I.Vyas for the applicant and learned advocate
Ms.R. V. Acharya for the respondent No.2. While notices were served
upon the respondents No.1 and 3, but none present.
The
present applicant has preferred First Appeal (Stamp) No.5337/2007
under Section 96 of the Code of Civil Procedure against the judgment
and decree rendered by 7th Additional Senior Civil Judge,
Bhavnagar on 29th September, 2007 wherein the suit of the
plaintiff was partly allowed to the extent that when the claim was
preferred for Rs.20,00,000/-, compensation of Rs.2,00,000/- with
simple interest was decreed, and hence, the First Appeal by the
original plaintiff.
In
preferring First Appeal along with an application to file appeal as
an indigent person, the delay has been caused of 113 days and
hence, this application by the applicant to condone the delay caused
in preferring First Appeal along with an application to file appeal
as an indigent person.
It
appears that by way of ground, it is submitted that the applicant is
very poor and during the proceedings in the trial Court only bread
winner of her family, her father expired when the applicant was
only 12 years of age. On account of this calamity and on account of
economic condition of the applicant, she was not able to collect
necessary papers to prefer an application to file appeal as an
indigent person and hence, the delay is caused of 113 days in
preferring the First Appeal.
Though
this application is vehemently objected by learned advocate
Ms.R.V.Acharya for the respondent No.2, but having regard to the
grounds advanced for condonation of delay, it clearly appears that
there is no negligence or inaction on the part of the applicant to
prefer the appeal along with an application to file appeal as an
indigent person late and beyond the period of limitation. Thus, the
applicant has shown sufficient cause to condone the delay.
In
view of the above, this application is allowed. The delay caused of
113 days in preferring the First Appeal along with an application to
file appeal as an indigent person, is condoned. Rule is made
absolute.
[J.
R. VORA,J.] [J. C. UPADHYAYA,J.] vijay