(PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1 The present application under Section 5 of the Limitation Act has been preferred by the applicant-original petitioner to condone the delay of 55 days caused in preferring the Letters Patent Appeal challenging the impugned judgment and order passed by the learned Single Judge dated 3rd August 2012 passed in Special Civil Application No.10327 of 2012.
2 Heard Shri K.S. Chandrani, learned advocate for the applicant original petitioner and Shri Rakesh Patel, learned Assistant Government Pleader for the respondents. Having heard learned advocates for the respective parties and considering the averments made in the application in support of the prayer to condone the delay and as sufficient cause is shown and even otherwise, to give one additional opportunity to the applicant to submit the case on merits rather than non-suiting him on technical ground of delay, delay in preferring the appeal is condoned. Rule is made absolute to the aforesaid extent. No order as to costs.
(M.R.SHAH, J.) (S.H.VORA, J.) *mohd Page 2 of 2