This is an application for condoning the delay caused in filing the First Appeal. However, the appeal under challenge is involving an amount less than Rs.1.00 lakhs (Rupees One Lakh only) and hence, as per the consistent practice of this Court, this Court is not inclined to entertain the appeal. Considering the averments made in this application and in view of the principles governing the discretionary exercise of power under Sec.5 of the Limitation Act, 1963, I am of the view that sufficient cause has been stated for not filing the appeal in time and hence, delay caused in filing appeal is condoned and Civil Application No.12180 of 2011 is allowed.
It has been the consistent practice of this Court not to enter into the merits of those appeals wherein the claim in appeal is petty, and claims upto Rs. 1,00,000/- have been quantified by this Court as petty claims. Since the amount involved in this appeal is less than Rs.1,00,000/-, this appeal is dismissed without entering into the merits of the matter.
In view of the fact that the appeal is dismissed, Civil Application No.1638 of 2012 is also dismissed. Rule is discharged.
It is clarified that as this order has been passed without entering into the merits of the matter, this order will not come in way while deciding other cognate appeal which has arisen from the same impugned order.
[M.D.SHAH,J.] radhan Top