1. Present Civil Application has been filed by the applicant for condonation of delay of 389 days in filing the aforesaid first appeal on the grounds stated in the application, inter alia, that learned advocate had not informed about the judgment of the Reference Court and thereafter when it came to the notice of the applicant, he contacted the lawyer and filed the First Appeal which took time, which has caused the delay.
2. Heard learned advocate Mr. Prajapati for the applicant and learned AGP Mr. Devang Dave for the respondent-State.
3. In the facts and circumstances, the grounds mentioned in the application can be said to be sufficient cause for condonation of delay. It is well accepted that the Hon'ble Apex Court by catena of judicial pronouncements has also laid down the guile lines with regard to the pragmatic approach in such matters for condonation of delay.
4. Hence, present Civil Application deserves to be allowed and the same is accordingly allowed. The delay of 389 days is condoned. Rule is made absolute.
(RAJESH H. SHUKLA, J.) (ila) Top